Checkout+ Terms & Conditions

These Merchant Terms of Service (the “Service Terms”) form a legally binding contract between you and Checkout+ Powered by Shipinsure. By registering for, accessing, or using any part of the Checkout+ Services, or by selecting “I agree” or a similar option, you accept and agree to these Service Terms. Please read them carefully. If you’re not eligible for the Checkout+ Services or don’t agree to these terms, you’re not permitted to use the services.

Parties and Eligibility

1.1 Parties: “Checkout+,” “we,” and “us” refer to Checkout+. “Merchant” and “you” refer to the company, individual, or entity accepting these Service Terms. If registering on behalf of a company, you confirm you have authority to bind that company to these terms.

1.2 Eligibility: To use the Checkout+ Services: (a) You must be legally able to form a contract with us, at least 18 years old,(b) You must not have been previously suspended or removed from the Checkout+ Services; and (c) Your use of the services must comply with all relevant laws. You confirm that you meet these criteria. If you become ineligible, you must stop using the services immediately.

2.3 Return Assistance.

(a) To qualify for product-return assistance through the Checkout+ Services, a customer must: (i) select the applicable Return Option at purchase, (ii) pay the required fee, (iii) agree to any Checkout+ terms presented, and (iv) request the return through the designated channels.

(b) Product-return assistance is generally limited to: (i) providing an online portal for return requests, and (ii) issuing shipping labels for returns to the Merchant’s U.S. location.

2.5 Additional Services. We may offer other services or features (“Additional Services”) through the Checkout+ platform, subject to any additional terms, fees, or guidelines we provide.

3. Merchant Responsibilities and Restrictions.

3.1 Return Policies and Services. You are responsible for establishing, communicating, and honoring return policies that align with the Checkout+ Services and these Terms, including: (a) handling restocking, refunds (per Section 2.4, if applicable), and exchanges for products returned via the Checkout+ Platform; (b) ensuring customers are informed of return fees and requirements; and (c) collecting and remitting any applicable service fees to us. While using Checkout+, you agree to notify us of your return policies and any significant updates. After termination of these Terms, you are responsible for managing return requests and product returns independently and should have backup plans in place.

3.2 Package Protection and Other Services. If we offer package protection through Checkout+, it only facilitates charging customers for coverage and recording eligible packages. Checkout+ does not provide actual protection; you are responsible for insuring or obtaining third-party coverage for losses or damage. You must also communicate coverage exclusions to customers and ensure their claims are processed appropriately. If you offer any additional services not covered by these Terms, you are solely responsible for fulfilling or outsourcing those services.

3.3 Accounts and Equipment. To use Checkout+, you and your customers may need to register and provide required information. You are responsible for the accuracy and completeness of the details you submit. You must also obtain and maintain the necessary equipment (e.g., hardware, software, networking) to access and use the Checkout+ Platform. You are responsible for securing your account, passwords, and equipment, and for all activities associated with your account, whether authorized or not.

3.4 Prohibited Conduct. By using the Checkout+ Platform or Services, you agree not to:

(a) Use the Platform or Services for any illegal activities or violate any applicable laws;

(b) Violate, encourage others to violate, or provide instructions on how to violate, third-party rights, including intellectual property rights;

(c) Access, search, or use the Platform or Services through unauthorized tools or mechanisms, such as robots, spiders, or data mining software;

(d) Interfere with security features, such as disabling or circumventing content restrictions, or preventing the copying or printing of content;

(e) Reproduce, distribute, publicly display, modify, or create derivative works based on the Platform or Services;

(f) Reverse engineer, attempt to discover source code, object code, or algorithms, except where legally permitted;

(g) Disrupt or interfere with the Platform’s operation, including uploading malicious code, sending unsolicited ads, collecting personal information without consent, or affecting the network or servers;

(h) Use the Platform or Services for fraudulent or deceptive activities, such as impersonating others, accessing unauthorized accounts, or benchmarking for competitive purposes;

(i) Make statements about the Platform or Services that contradict our official documentation or make unauthorized representations on our behalf;

(j) Sell, share, or transfer your access or rights under these Terms;

(k) Attempt to do, or instruct others to do, any of the above.

4. Pricing and Payment

4.1 Service Pricing You agree that your customers will be charged for the Checkout+ Services they select. We set and may adjust the pricing at our discretion, with relevant prices displayed to customers on the Checkout+ Platform.

4.2 Payment You are responsible for collecting fees for the Checkout+ Services from your customers, except for Instant Refunds (where fees are deducted as specified). You agree to remit collected fees and, if applicable, the gross Instant Refund amount to Checkout+ Tech promptly. We may bill you monthly or bi-weekly, and you must keep your billing information updated. For package-protection fees, only a portion goes to Checkout+ Services, with the remainder for coverage.

4.3 Taxes You are responsible for properly categorizing the Checkout+ Return Option and other Checkout+ Tech services for tax purposes, and for collecting and remitting applicable sales taxes to the appropriate authority.

4.4 Payment Processors We may use third-party payment processors like Stripe to process payments. By using Checkout+ Services, you authorize us and our processor to debit your designated account, and you agree to the payment processor’s terms.

4.5 Fee Disputes If you believe there’s an error in your billing, contact us within 60 days of the first statement showing the issue. Please reach out to our customer support department for assistance.

5. Proprietary Rights

5.1 Checkout+ Tech Property The Checkout+ Platform and Services are owned by Checkout+ Powered by ShipInsure. All visual interfaces, graphics, design, media content, trademarks, data, code (including source and object code), algorithms, products, and services (“Materials”) are the property of Checkout+ Tech and its third-party licensors, including any related intellectual property rights.

5.2 No Implied Licenses You may only use the Checkout+ Platform, Services, or Materials as explicitly authorized by Checkout+. No implied licenses are granted through these Service Terms. Checkout+ Tech and its licensors retain all rights to the Platform, Services, and Materials not expressly granted.

5.3 Checkout+ Tech Trademarks By using the Checkout+ Services, you agree to allow Checkout+ to display its logo, trademarks, or taglines (such as “Powered by Checkout+”) on your Merchant Store, where customers interact with Checkout+ Services, without interference or alteration.

5.4 Merchant Trademarks You grant us a limited, non-exclusive, revocable, royalty-free license to use your name, logo, and any trademarks associated with your Merchant Store for the duration of your use of the Checkout+ Services, to identify you as a user of the Checkout+ Services in the Platform and our marketing materials.

5.5 Reservation of Trademark Rights Each party retains exclusive ownership of its trademarks and any goodwill arising from the other party’s use of them will benefit the owner of those trademarks.

5.6 Feedback If you provide suggestions, feedback, or other input regarding the Checkout+ Services or Platform, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use and exploit such input without compensation, attribution, or confidentiality obligations to you.

6. Privacy, Data, and Confidentiality

6.1 Checkout+ Tech Privacy Policy You acknowledge and agree that we may collect and process data, including personal information, from you and your customers according to our privacy policy

6.2 Customer Consents and Notices You are responsible for obtaining your customers' consent or providing notice as required by law regarding the sharing of their personal information with us and our service providers for the Checkout+ Services. We may also obtain consents from and/or notify your customers directly in connection with their use of the Checkout+ Services.

6.3 Merchant Data You retain ownership of any confidential or proprietary data disclosed to us through the Checkout+ Platform or in connection with the Checkout+ Services. We will use reasonable efforts to maintain its confidentiality but are authorized to use, store, disclose, and process it as needed to operate the Checkout+ Platform and provide the Services for you and your customers.

6.4 Checkout+ Data We will solely own and may freely use and disclose any data collected or generated by the Checkout+ Platform. You agree to maintain the confidentiality of non-public information disclosed to you by us and not use it beyond the scope of receiving the Checkout+ Services, for as long as it remains in your possession and is not public.

6.5 Legally Compelled Disclosures Nothing in these Service Terms will prevent either party from disclosing the other party’s information in compliance with a court order or legal requirement, provided reasonable efforts are made to notify the other party and cooperate in protecting or limiting such disclosure.

6.6 Analytics You agree that we may collect and analyze data relating to the use and performance of the Checkout+ Platform and Services. We will be free to use this data to improve and enhance the Platform and Services, and disclose it in aggregate or de-identified form for business purposes, both during and after your use of the Checkout+ Services.

7. Third-Party Terms

7.1 Third-Party Services and Linked Websites We may provide tools on the Checkout+ Platform that allow you to export information to third-party services. By using these tools, you authorize us to transfer your information to the third-party service. Third-party services are outside of our control, and, to the fullest extent permitted by law, we are not responsible for how they use your exported information. The Checkout+ Platform may also contain links to third-party websites, which we do not control, and we are not responsible for their content. Once your information is shared, we have no control over it.

7.2 Third-Party Software The Checkout+ Platform may include third-party software components, which are typically available free of charge under licenses that allow recipients to copy, modify, and/or distribute them (“Third-Party Components”). These Service Terms do not prevent you from obtaining Third-Party Components under their applicable licenses or restrict your use of those components.

8. Term, Termination, and Service Modifications

8.1 Term These Service Terms are effective between you and us starting when you accept them and continue as long as you use the Checkout+ Services, subject to termination as outlined below.

8.2 Termination If you violate any provision of these Service Terms or stop using the Checkout+ Services, your rights under these Service Terms automatically terminate. Additionally, Checkout+ Tech may terminate these Service Terms or your account, or suspend or terminate your access to the Checkout+ Services at any time, for any reason or no reason, with or without notice, and without any liability to you.

8.3 Wind-down If Checkout+ Tech terminates these Service Terms or your account without cause, and you are fully compliant with your payment and other obligations, we will honor or use reasonable efforts to facilitate an orderly transition or wind-down of the Checkout+ Return Option for Merchant Store customers who purchased it before termination. This is contingent upon your continued compliance with your obligations prior to termination and for services related to the wind-down.

8.4 Other Effects of Termination Upon expiration or termination of these Service Terms: (a) your license and other rights will terminate, and you must immediately stop using the Checkout+ Platform and Services; (b) you will lose access to your account; (c) you must pay any outstanding amounts owed for services rendered before termination; and (d) Sections 3 (Merchant Responsibilities and Restrictions), 5 (Proprietary Rights), 6 (Privacy, Data and Confidentiality), 8.3 (Wind-down), 8.4 (Other Effects of Termination), 9 (Indemnity), 10 (Disclaimers), 11 (Limitation of Liability), and 12 (Miscellaneous) will remain in effect. If your account is terminated due to a breach of these terms, you are prohibited from creating a new account using a different name, email, or other verification methods.

8.5 Modification of the Service We reserve the right to modify or discontinue any part or feature of the Checkout+ Services at any time, either temporarily or permanently, without notice or liability to you.

9. Indemnity

9.1 Obligation To the fullest extent permitted by law, you are responsible for your and your personnel’s use of the Checkout+ Platform and Services, as well as for the operation of the Merchant Store. You agree to indemnify, defend, and hold harmless Checkout+ Tech, its affiliates, and their respective shareholders, directors, officers, employees, consultants, service providers, and agents (collectively, the "Checkout+ Entities") from any claims brought by Merchant Store customers or other third parties, and any related liabilities, damages, losses, and expenses, including attorneys’ fees and costs, arising from:

(a) your goods, services, or the operation of the Merchant Store (including any rejection of returns or failure to fulfill refunds or exchanges), or any matter identified as your responsibility in these Service Terms; (b) any misrepresentation, breach of warranty, or violation of law or regulation by you or your personnel; (c) your misuse or unauthorized use of the Checkout+ Platform or Services, or any failure to comply with restrictions or fulfill obligations under these Service Terms; (d) your infringement or violation of any third-party right, including intellectual property, publicity, confidentiality, property, or privacy rights; or

9.2 Reservation of Rights We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations), and you agree to cooperate with our defense of those claims.

10. Disclaimers

10.1 The Checkout+ Platform, Checkout+ Services, and all associated materials are provided "as is" and "as available." Checkout+ Tech disclaims all warranties, whether express or implied, relating to the Checkout+ Platform, Checkout+ Services, and/or materials, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising from course of dealing, usage, or trade.

10.2 In particular, and without limiting the above, we do not warrant that the Checkout+ Platform or Services will meet your expectations regarding availability, timeliness, features, or results, or that they will be uninterrupted, secure, or free of errors, viruses, or other harmful components. Additionally, we do not warrant that any of those issues will be corrected.

10.3 No advice or information, whether oral or written, obtained through the Checkout+ Services or from any Checkout+ Entity in relation to the Checkout+ Platform or Services, will create any warranty. We are not responsible for any damage resulting from the Checkout+ Platform or Services or your dealings with any customer. You agree to use the Checkout+ Services at your own risk, understanding that we are not responsible for any resulting damage to your property (including computer systems or devices) or any loss of data.

10.4 The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. Checkout+ Tech does not disclaim any warranty or duty to the extent prohibited by applicable law.

11. Limitation of Liability

11.1 To the fullest extent permitted by law, in no event will the Checkout+ Entities be liable to you for any indirect, incidental, special, consequential, or punitive damages, or any damages for loss of profits, goodwill, or other intangible losses arising out of or relating to these Service Terms, the Checkout+ Platform, or the Checkout+ Services. This applies whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Checkout+ Entity has been informed of the possibility of such damages.

11.2 To the fullest extent permitted by law, the aggregate liability of the Checkout+ Entities to you for all claims arising out of or relating to these Service Terms, the Checkout+ Platform, or the Checkout+ Services is limited to the amount of fees received by us for the Checkout+ Services (or portion thereof) that we willfully or negligently failed to perform within the three months preceding your assertion of any such claim, minus any amounts we have refunded directly to affected customers.

11.3 Each provision of these Service Terms that limits liability, disclaims warranties, or excludes damages is intended to allocate the risks between the parties under these Service Terms. This allocation is an essential element of the basis of the agreement between the parties. These provisions are severable and independent of all other provisions. The limitations in this section will apply even if any limited remedy fails to achieve its essential purpose.

12. Miscellaneous

12.1 No Agency. No agency, partnership, joint venture, or employment is created by these Service Terms or the provision of Checkout+ Services. Merchant does not have any authority to bind Checkout+ Tech in any respect.

12.2 Additional Terms. Your use of certain Checkout+ Services may be subject to additional terms and conditions, which we may specify from time to time on the Checkout+ Platform. These additional terms are incorporated by reference into these Service Terms.

12.3 Entire Agreement. These Service Terms, along with any other terms expressly incorporated, constitute the entire understanding and agreement between you and us regarding the Checkout+ Platform and Services.

12.4 Assignment. You may not assign, delegate, or transfer these Service Terms or your rights or duties without our prior written consent. We may assign or delegate these terms at any time without notice or consent.

12.5 Waiver and Modification. Failure to require performance of any provision will not affect our right to require it in the future. A waiver of any breach or default of these terms will only be effective if in writing and signed by an authorized representative. We may modify these terms with at least 7 days’ notice, and the modifications will be binding if you continue to use the services after the notice period.

12.6 Interpretation. Section headers are for convenience and do not affect the interpretation. “Including” means “including but not limited to.” If any part of these terms is invalid or unenforceable, it will be enforced to the maximum extent possible, and the rest will remain in effect.

12.7 Governing Law; Disputes. These Service Terms are governed by Utah law. Any lawsuit or court proceeding permitted under these terms will be resolved in the state or federal courts located in Salt Lake County, Utah. We may seek injunctive relief in any court to protect our confidential information, intellectual property, or other interests.

12.8 No Class Actions. Both parties agree that claims will be brought individually and not as part of a class action or representative proceeding. Claims cannot be consolidated or heard in a class action unless agreed upon by both parties.

12.9 Consent to Electronic Communications. By using Checkout+ Services, you consent to receiving electronic communications from us for account management, advertising, and marketing. Notices sent electronically satisfy any legal requirements, including writing.

12.10 No Support. We are not obligated to provide technical support for the Checkout+ Platform or Services. Any support provided is subject to applicable published policies.

12.11 Location of Use. The Checkout+ Platform and Services are operated from the United States. You may not export or re-export any part of the services, and we make no representations regarding their availability outside the U.S. Access from regions where such use is illegal is prohibited.