Beta Application Terms of Service
Date of Last Revision: July 8, 2026
1. Introduction and Acceptance.
These Beta Application Terms of Service (“Beta Terms”) govern your access to and use of any application, feature, tool, or service designated by ShipBob as “beta,” “preview,” “early access,” “pilot,” or a similar designation (each, a “Beta Application”). These Beta Terms supplement the ShipBob General Terms of Service, which are incorporated herein by reference. In the event of any conflict between these Beta Terms and with the General Terms of Service with respect to a Beta Application, these Beta Terms control. Unless defined elsewhere in these Beta Terms, capitalized terms set out in these Beta Terms are defined as set forth in Appendix A or the General Terms of Service.
BY ACCESSING OR USING ANY BETA APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE BETA TERMS. IF YOU DO NOT AGREE, YOU ARE NOT PERMITTED TO USE ANY BETA APPLICATION. YOUR USE CONSTITUTES ACCEPTANCE AS OF THE DATE OF FIRST USE.
ShipBob may modify these Beta Terms at any time, in its sole discretion, by posting a revised version on its website. Your continued use of any Beta Application following the posting of any modification constitutes acceptance of the updated Beta Terms. It is your responsibility to review these Beta Terms periodically for changes.
2. Beta Application Description and Nature.
Beta Applications are pre-release or experimental products, features, or services made available to select merchants for evaluation and testing purposes. Beta Applications may be incomplete, contain errors or inaccuracies, or include features that may never be released in a generally available version. Beta Applications may incorporate third-party components, open-source software, or services provided by third parties, for which ShipBob makes no warranties or guarantees and assumes no liability. You acknowledge and agree that Beta Applications are not part of the “Services” as defined in the General Terms of Service unless ShipBob expressly states otherwise in writing. ShipBob may impose additional conditions or requirements for any particular Beta Application, which will be communicated through the ShipBob Platform, website, or Help Center.
3. License and Access.
Subject to your compliance with these Beta Terms, ShipBob grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Beta Applications solely for your internal business purposes during the applicable Beta Period (as defined below). ShipBob may, in its sole discretion, impose usage limits, quotas, or other restrictions on your access to or use of any Beta Application at any time. You shall not (and shall not permit any third party to) copy, modify, adapt, translate, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of any Beta Application. You may not make any Beta Application available to any third party except where a Beta Application is expressly designed for end-customer use, in which case you may do so solely in accordance with the documentation and instructions provided by ShipBob.
All right, title, and interest in and to the Beta Applications, including all intellectual property rights therein, shall remain with and belong exclusively to ShipBob. No rights are granted to you except as expressly set forth herein.
4. Beta Period and Availability.
The term during which a Beta Application is made available to you (“Beta Period”) shall commence on the date you first access or activate the Beta Application and continues until the earliest of: (a) the date ShipBob releases a general commercial version of the Beta Application; (b) the date on which ShipBob terminates the Beta Application under Section 10; or (c) the date on which these Beta Terms terminate, as notified by ShipBob.
SHIPBOB DOES NOT GUARANTEE ANY MINIMUM LEVEL OF AVAILABILITY, UPTIME, OR PERFORMANCE FOR ANY BETA APPLICATION. BETA APPLICATIONS MAY EXPERIENCE INTERRUPTIONS, DOWNTIME, ERRORS, OR DEGRADED PERFORMANCE AT ANY TIME AND FOR ANY REASON. SHIPBOB SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY UNAVAILABILITY, INTERRUPTION, DELAY, OR PERFORMANCE DEGRADATION OF ANY BETA APPLICATION.
5. No Support Obligation; No Warranties; “As-Is” Provision.
ShipBob shall have no obligation to provide any technical support, maintenance, updates, upgrades, patches, bug fixes, or error corrections for any Beta Application. Any support, if provided, shall be at ShipBob’s sole discretion and may be discontinued at any time without notice. The provision of support for any Beta Application at any time shall not create an obligation on ShipBob to continue providing such support any other support in the future.
BETA APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIPBOB EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE.
WITHOUT LIMITING THE FOREGOING, SHIPBOB DOES NOT WARRANT THAT: (A) ANY BETA APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) ANY BETA APPLICATION WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS OBTAINED FROM THE USE OF ANY BETA APPLICATION WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY ERRORS OR DEFECTS IN ANY BETA APPLICATION WILL BE CORRECTED; OR (E) ANY BETA APPLICATION WILL BE COMPATIBLE WITH YOUR SYSTEMS, HARDWARE, SOFTWARE, OR EQUIPMENT.
YOU ASSUME ALL RISK ARISING FROM YOUR USE OF ANY BETA APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY BETA APPLICATION IS AT YOUR SOLE RISK AND DISCRETION, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF A BETA APPLICATION.
6. Artificial Intelligence Disclaimer.
Certain Beta Applications may incorporate or use artificial intelligence, machine learning, large language models, or other similar automated technologies (collectively, “AI Technologies”). You understand and agree that AI Technologies may produce outputs that look authoritative or correct but are actually inaccurate, incomplete, misleading, or otherwise erroneous, sometimes referred to as “hallucinations.” AI-generated outputs should never be treated as professional advice or relied upon without your own independent review.
SHIPBOB DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, OR TIMELINESS OF ANY AI-GENERATED OUTPUT. YOU MUST REVIEW AND VERIFY ALL AI-GENERATED OUTPUTS BEFORE RELYING ON OR ACTING ON THEM. SHIPBOB IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS, OR EXPENSES RESULTING FROM YOUR RELIANCE ON AI-GENERATED OUTPUTS, INCLUDING ANY DECISIONS, ACTIONS, OR OMISSIONS YOU TAKE BASED ON THOSE OUTPUTS.
AI Technologies may process data you provide through the Beta Application in order to generate outputs, improve model performance, or enhance the Beta Application. ShipBob will handle any Personal Information in accordance with the Data Processing Agreement which is incorporated herein by reference. You shall not input any data into an AI-powered Beta Application that you are not authorized to share or that is subject to legal, regulatory, or contractual restrictions on disclosure.
7. Feedback.
ShipBob may request, and you may voluntarily provide, feedback, suggestions, ideas, enhancement requests, recommendations, comments, bug reports, or other input or similar information regarding any Beta Application (collectively, “Feedback”). If provided, you agree to assign and hereby assign to ShipBob all rights, title, and interest in and to the Feedback, including all intellectual property rights therein.
ShipBob shall own all right, title, and interest in and to any improvements, modifications, derivative works, new features, products, services, or intellectual property that ShipBob creates, develops, or derives, in whole or in part, from the Feedback. You acknowledge that ShipBob may have previously developed, or may independently develop, ideas, concepts, or features similar to or the same as the Feedback, and you agree that providing Feedback does not create any obligation on the part of ShipBob, including any obligation to compensate you, to keep the Feedback confidential, to implement or use the Feedback, or to refrain from using or disclosing the Feedback for any purpose. You waive, and agree not to assert, any claims against ShipBob relating to or arising from the Feedback, including any intellectual property or moral rights claims.
8. No Indemnification.
Notwithstanding anything to the contrary in the General Terms of Service or any other agreement between the parties, ShipBob shall have no obligation to indemnify, defend, or hold harmless you or any third party from or against any claims, losses, damages, liabilities, costs, or expenses (including attorneys’ fees) arising from or related to your use of any Beta Application.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHIPBOB OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE ANY BETA APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, SHIPBOB’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW UNDER THESE BETA TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIPBOB’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO ANY BETA APPLICATION SHALL NOT EXCEED FIFTY DOLLARS ($50.00). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SHIPBOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE BETA TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO MAKE AVAILABLE AND TO USE THE BETA APPLICATIONS.
10. Termination and Discontinuation.
ShipBob may, in its sole discretion and for any reason or no reason, discontinue, suspend, or terminate any Beta Application, or your access to any Beta Application, upon thirty (30) days’ prior written notice to you, which may be provided by email, through the ShipBob Platform, or by posting notice on the ShipBob website or Help Center. Notwithstanding the foregoing, ShipBob reserves the right to immediately suspend or terminate your access to any Beta Application, without prior notice, if: (a) you breach any provision of these Beta Terms or the Data Processing Agreement; (b) ShipBob reasonably determines that continued availability of the Beta Application poses a security risk or may result in liability to ShipBob or any third party; (c) ShipBob is required to do so by law or regulation; or (d) ShipBob determines, in its sole discretion, that such action is necessary to protect its interests, systems, or other users.
Upon termination or discontinuation of a Beta Application, your right to access and use that Beta Application shall immediately cease. ShipBob shall have no obligation to maintain, export, migrate, or return any data, content, or information associated with a Beta Application following termination, and ShipBob may delete such data in its sole discretion. ShipBob shall have no liability to you or any third party for any termination or discontinuation of a Beta Application or for any loss of data resulting therefrom.
You may cease using any Beta Application at any time. If you wish to formally terminate your participation in a Beta Application, you may do so by providing written notice to ShipBob at [email protected].
11. Data and Privacy.
You acknowledge that Beta Applications may collect, process, or store data, including data about your usage of the Beta Application, your end customers, and your business operations. ShipBob may use data collected through Beta Applications for purposes of improving, developing, and enhancing its products and services, including for training machine learning models, conducting analytics, and developing new features or products. Any processing of Personal Information through a Beta Application shall be subject to ShipBob’s Data Processing Agreement as referenced in the General Terms of Service.
You are solely responsible for ensuring that your use of any Beta Application complies with all applicable laws, rules, and regulations, including data protection and privacy laws. You shall provide any notices to, and obtain any consents from, your end customers and other individuals as may be required under applicable law in connection with your use of a Beta Application.
12. Confidentiality.
You and ShipBob have each developed certain Confidential Information may be shared pursuant to the use of a Beta Application. For purposes of these Beta Terms, a party disclosing the Confidential Information is the “Discloser” and a party receiving the Confidential Information is the “Recipient.” Confidential Information shall not, however, include any information that Recipient can establish: (a) was publicly known or made generally available without a duty of confidentiality prior to the time of disclosure to Recipient by Discloser; (b) becomes publicly known or made generally available without a duty of confidentiality after disclosure to Recipient by Discloser through no action or inaction of Recipient; (c) is in the rightful possession of Recipient without confidentiality obligations at the time of disclosure by Discloser to Recipient as shown by Recipient’s then-contemporaneous written files and records kept in the ordinary course of business; or (d) is independently developed by Recipient without use of or reference to Discloser’s Confidential Information, as shown by written records and other competent evidence prepared contemporaneously with such independent development.
You acknowledge that Beta Applications, and all information relating thereto (including their existence, features, functionality, performance, and any documentation), constitute Confidential Information of ShipBob. You shall not disclose, publish, or otherwise disseminate any information about a Beta Application to any third party without the prior written consent of ShipBob, except to the extent necessary for your authorized use of the Beta Application in accordance with these Beta Terms.
Confidential Information disclosed hereunder shall at all times remain, as between the parties, the property of the Discloser. No license under any trade secrets, copyrights, or other rights is granted by this Agreement or any disclosure of Confidential Information hereunder. Recipient may disclose Confidential Information to its officers, directors, employees, contractors, subcontractors, affiliates, or representatives (“Representatives”) who are required to have the Confidential Information in order for the Recipient to perform its obligations under these Terms of Service, are informed of its confidential nature, and are subject to written confidentiality obligations at least as protective of the Confidential Information as this Agreement. The Recipient shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, the Recipient shall take at least those measures it employs to protect its own Confidential Information of like importance, and shall use no less than a reasonable degree of care in protecting such Confidential Information. The Recipient shall promptly notify Discloser of any unauthorized use or disclosure, or suspected unauthorized use or disclosure, of Confidential Information. Notwithstanding the other provisions of this Section 12, ShipBob reserves the right to disclose Confidential Information to the extent required by law or for purposes of judicial proceedings, or in the event that ShipBob reasonably suspects illegal activity by you.
The Recipient agrees that any violation or threatened violation of this Agreement will cause irreparable injury to the Discloser, entitling Discloser to obtain injunctive relief in addition to all legal remedies without showing or proving any actual damage and without any bond being required to be posted.
ShipBob reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on its websites and in other communication with existing or potential merchants. To decline ShipBob this right you need to email [email protected] stating that you do not wish to be used as a reference. You shall not, without the prior express written consent of ShipBob (a) issue any statement, printed material or other communication acknowledging your relationship with ShipBob or its affiliates, or (b) use ShipBob’s or its affiliates’ name or logo in any manner.
13. No Obligation to Release.
ShipBob is under no obligation to release a generally available version of any Beta Application or to continue developing or supporting any Beta Application. ShipBob may decide, in its sole discretion, not to release a generally available version of any Beta Application and to cease all development and support of such Beta Application at any time. Any development timelines, product roadmaps, or plans shared by ShipBob are for informational purposes only and do not constitute a commitment, obligation, or promise to deliver any feature, functionality, or product.
14. Merchant Responsibilities.
You are solely responsible for: (a) evaluating the suitability of any Beta Application for your business needs; (b) maintaining backup copies of any data or content you submit to or generate through a Beta Application; (c) ensuring that your use of a Beta Application does not violate any applicable laws or regulations; and (d) any actions taken by your end customers in connection with a Beta Application made available to them through your account. You shall use Beta Applications in good faith and in accordance with any documentation, guidelines, or instructions provided by ShipBob.
15. Governing Law and Dispute Resolution.
These Beta Terms and all claims or disputes arising out of or related to these Beta Terms or any Beta Application shall be governed by the laws of the State of Illinois, without regard to its conflicts of law provisions. All claims, lawsuits, causes of action, and disputes between the parties relating to these Beta Terms shall be brought exclusively in the state or federal courts located in Chicago, Illinois, and you agree to submit to the exclusive personal jurisdiction and venue of these courts.
16. General Provisions.
Entire Agreement. These Beta Terms, together with the General Terms of Service (including all Policies incorporated therein), constitute the entire agreement between you and ShipBob with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to Beta Applications.
Severability. If any provision of these Beta Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Beta Terms shall otherwise remain in full force and effect.
No Waiver. The failure of ShipBob to exercise or enforce any right or provision of these Beta Terms shall not constitute a waiver of such right or provision.
Assignment. You may not assign or transfer any rights or obligations under these Beta Terms without the prior written consent of ShipBob. ShipBob may assign or transfer these Beta Terms, in whole or in part, without restriction.
Survival. The provisions of Sections 5 (No Support Obligation; No Warranties; “As-Is” Provision), 6 (Artificial Intelligence Disclaimer), 7 (Feedback), 8 (No Indemnification), 9 (Limitation of Liability), 12 (Confidentiality), 15 (Governing Law), and this Section 16 shall survive any termination or expiration of these Beta Terms and any termination, suspension or discontinuation of any applicable Beta Application.
Contact Information. If you have questions regarding these Beta Terms, please contact ShipBob at [email protected]
Appendix A
Definitions
“Confidential Information” means confidential and proprietary information including financial statements, financing documents, trade secrets, new products, copyrights, computer software, documentation, specifications, systems, hardware, concepts, designs, configurations, schedules, costs, performance features, techniques, copyrighted matter, patentable and patented inventions, plans, methods, drawings, data, tables, calculations, documents or other paperwork, computer program narratives, flow charts, source and object codes, business and marketing plans, dealings, arrangements, objectives and locations. Confidential Information shall only include such information which is either explicitly designated as “confidential” at the time of disclosure or by its nature is reasonably identifiable as confidential.
“Data Processing Agreement” means ShipBob’s Data Processing Agreement found at here.
“General Terms” mean ShipBob’s Terms of Service found at https://www.shipbob.com/terms-of-service/.
“ShipBob”, “we” or “our” means ShipBob, Inc. and our affiliates.
“You”, or “your” means you as the merchant to whom ShipBob provides the Beta Application.
