Terms & Privacy Policy
Chapter 1: Changes to Terms
1.1 Right to Modify
MailsOut reserves the right, at its sole discretion, to update, modify, or replace any part of these Terms of Use & Privacy Policy (“Terms”) at any time without prior notice. Any such changes will take effect immediately upon being posted on the MailsOut website or platform.
1.2 No Advance Notice Required
Changes to the Terms may be implemented and enforced immediately, and MailsOut is under no obligation to provide advance notice or individualized notification of such changes. At its discretion, MailsOut may announce major revisions (for example, via email or account notifications) as a courtesy; however, it is not required to do so, and the validity or effectiveness of the updated Terms is not contingent on any such announcement.
1.3 Acceptance by Continued Use
You acknowledge and agree that your continued access to or use of the MailsOut platform or services after any revised Terms have been posted constitutes your acceptance of the updated Terms. If you do not agree to the new or modified Terms, you must immediately discontinue use of the platform and all associated services. By choosing to continue using MailsOut following a change, you waive any objection to the revised Terms.
1.4 User Responsibility to Review
It is your responsibility to review the most current version of these Terms periodically. MailsOut encourages you to check for updates regularly so that you remain informed of any changes to your rights and obligations. MailsOut shall not be liable for any consequences, losses, or damages arising from your failure to familiarize yourself with the latest Terms.
1.5 Reasons for Changes
These Terms may be revised from time to time to accommodate changes in our business operations or services. For example, modifications might be necessary to address updates or requirements provided by third-party partners and service providers (including, but not limited to, carriers and API providers), or to ensure compliance with new laws or regulatory changes. Such updates are made to keep the Terms current with the evolving operational, legal, and regulatory landscape.
1.6 Publication of Updated Terms
Whenever these Terms are updated, MailsOut will publish the revised version on its official website (and/or within the platform application). All users will be able to access the updated Terms in the same locations where prior versions were available.
1.7 Archiving and Precedence
MailsOut will maintain an archive of prior versions of the Terms for reference purposes. The most current version of the Terms will supersede all previous versions and will govern your use of the platform from the time of its effectiveness. In the event of any conflict between different versions of the Terms, the provisions of the latest version (as indicated by the effective date or version number) shall prevail.
1.8 No Liability for Changes
MailsOut assumes no liability for any inconvenience or detriment you may experience due to updates or modifications of these Terms. By using the platform, you agree that it is your duty to remain apprised of the current Terms, and MailsOut shall not be held responsible for any claims or damages resulting from changes to the Terms or your continued use of the platform under any updated Terms.
Chapter 2: Definitions
2.1 Platform
Refers to the digital logistics and shipment management system operated by Ginger Source LLC, provided through the website mailsout.com, including all associated functionalities, services, and applications.
2.2 User
Any individual or entity who registers for, accesses, or utilizes the Platform’s services, including the purchase or management of shipping labels.
2.3 Account
A personalized digital profile created by a User to access and manage transactions, shipment history, payment methods, and preferences within the Platform.
2.4 Label
An electronic shipping document generated by the Platform, used for shipping purposes with third-party carriers.
2.5 Carrier
Independent shipping providers utilized by the Platform, including but not limited to USPS, FedEx, UPS, or other recognized shipping companies.
2.6 Adjustment Fee (Rebill)
Additional fees imposed by carriers after the initial shipment due to discrepancies in package information, such as incorrect dimensions, weight differences, improper packaging, or address inaccuracies.
2.7 Declared Package Information
Information provided by Users regarding shipment weight, dimensions, destination address, and contents, used to estimate initial shipping costs and generate Labels.
2.8 Force Majeure
Any unforeseen event beyond the reasonable control of MailsOut, including but not limited to natural disasters, war, strikes, governmental actions, cyber-attacks, or disruptions caused by third-party carriers or providers.
2.9 Chargeback
A reversal of payment initiated by a User or their financial institution, disputing a previously processed charge on their Payment Method.
2.10 Payment Method
Authorized forms of payment accepted by the Platform, including credit cards, debit cards, verified bank transfers, or other approved electronic payment methods.
2.11 Supplemental Charge
Additional fees applied by carriers, including but not limited to fuel surcharges, residential delivery fees, remote area surcharges, and other extra fees resulting from carrier-specific policies.
2.12 Fraudulent Activity
Any action involving deception, false representation, misuse of Account credentials, unauthorized use of services, or activities intended to evade Platform policies or payments.
2.13 Access Token
A secure, encrypted identifier provided by the Platform’s payment processor to facilitate and authorize future payments, adjustments, or charges without repeated manual entry of payment information.
2.14 Third-Party Platform
External online services or systems integrated via API or other connections (e.g., Amazon, Shopify), from which Users may import or synchronize data relevant to shipping activities.
2.15 Delivery Confirmation
Carrier-provided evidence verifying successful delivery, including tracking scans, signatures, or photographic proof as available from the selected carrier.
2.16 Escalated Case
Any dispute, claim, or refund request requiring additional manual investigation, carrier communication, or administrative oversight beyond standard automated processing.
2.17 Settlement Window
The designated timeframe during which discrepancies, additional charges, or refund requests must be identified and resolved between Users, MailsOut, and the involved carrier.
2.18 Linked Account
Any additional User Account that shares payment credentials, identifying information, shipping addresses, or IP addresses with another Account, which can be subject to joint financial responsibility.
2.19 Tokenized Card
A securely stored representation of User credit or debit card details, retained by PCI-DSS compliant third-party processors for facilitating recurring or future authorized transactions.
2.20 Manual Adjustment
Non-automated administrative corrections applied to shipping charges, fees, or transaction records in response to verified User requests or discrepancies identified by MailsOut.
2.21 Abuse
Any deliberate or repeated behavior exploiting Platform functionalities, promotional offers, pricing mechanisms, or automated processes, resulting in unjust advantage or causing operational disruptions.
2.22 Volume User
Any User whose shipping label generation exceeds an average threshold of 200 labels per month, making them subject to additional scrutiny, potential special conditions, or monitoring.
2.23 Frequent Adjustment User
Any User who incurs three or more carrier-imposed adjustment fees (rebills) within any ten-label sequence, potentially triggering mandatory deposits, additional fees, or Account review.
Chapter 3: Services Provided
3.1 General Description of Services
MailsOut operates exclusively as a third-party digital platform facilitating the creation, management, and purchase of shipping labels for Users. MailsOut obtains these shipping labels through direct API integrations from third-party shipping service providers, including but not limited to DeftShip and BuyBuyLabel. After acquiring these labels, MailsOut applies an additional margin before reselling them to Users.
3.2 Platform’s Limited Role
MailsOut does not physically handle, store, transport, or directly deliver packages. The Platform serves solely as a digital intermediary, enabling Users to conveniently access and utilize shipping services offered by third-party Carriers.
3.3 Label Acquisition and Pricing
Shipping labels generated through MailsOut are originally sourced via secured Application Programming Interface (API) integrations from authorized third-party shipping providers. MailsOut does not represent or act as an agent or affiliate of these providers. Prices charged by MailsOut for labels include a markup added to the cost originally incurred from these third-party providers.
3.4 Label Usage Limitations
All shipping labels provided by MailsOut must be utilized within three (3) calendar days of issuance. Labels unused within this timeframe may become invalid or rejected by Carriers, without prior notification. MailsOut assumes no responsibility and provides no guarantees regarding the acceptance or validity of expired labels.
3.5 Service Availability and Interruptions
Users acknowledge and accept that Platform services and label generation capabilities are contingent upon the continuous availability and responsiveness of integrated third-party systems and Carriers’ APIs. Occasionally, services may experience interruptions or downtime due to third-party API issues, carrier maintenance activities, technical problems, or other external factors beyond MailsOut’s control. In such cases, MailsOut disclaims all responsibility and liability for service disruptions or resulting inconveniences.
3.6 User Responsibility for Shipment Information Accuracy
Users bear sole responsibility for verifying and ensuring the accuracy and completeness of all shipment information submitted when generating labels. This includes but is not limited to recipient addresses, contact details, package dimensions, weight, contents descriptions, and any required customs documentation. Users understand that inaccuracies or omissions in shipment information may result in carrier penalties, rebills, additional fees, delays, package rejection, or failed deliveries.
3.7 Disclaimer of Responsibility for Carrier Performance
MailsOut explicitly disclaims any and all responsibility related to the physical handling, transportation, timely delivery, condition, or successful delivery confirmation of packages. All such responsibilities lie entirely with the selected Carriers, whose terms of service and conditions of carriage are binding upon Users at the time of label purchase. Users acknowledge and agree that any claims or disputes concerning delays, losses, damages, or carrier performance issues must be directed exclusively to the responsible Carrier.
3.8 Limitations and Exclusions of Liability
Users expressly acknowledge that MailsOut will not provide refunds, compensation, or reimbursements for claims arising from the actions or inactions of third-party Carriers, including delayed shipments, lost or damaged packages, inaccurate tracking data, or refused deliveries. Users accept that any resolution of carrier-related disputes, claims, or complaints is entirely subject to the policies, procedures, and sole discretion of the respective Carrier.
3.9 Changes to Integrated Service Providers
MailsOut reserves the right to change or replace third-party service providers, carriers, or APIs at any time without prior notice. Such changes may affect the availability, pricing, and functionality of services provided through the Platform. Users accept that MailsOut is not obligated to provide advance notice of such changes, nor is it responsible for any impact these changes may have on the User’s shipping practices or preferences.
Chapter 4: Rate Estimation and Adjustment Policy
4.1 Preliminary Rate Estimates
MailsOut provides Users with preliminary shipping rate estimates based on shipment details provided by Users, such as package weight, dimensions, declared contents, and destination addresses. Users expressly acknowledge that these initial rates are estimates only, and the final shipping charges may vary significantly based on actual carrier assessment and adjustments after shipment dispatch.
4.2 Carrier Post-Shipment Adjustments (Rebills)
All shipments created through MailsOut are subject to post-shipment adjustments (“Rebills”) assessed directly by the selected Carrier. Carriers conduct routine audits of shipments for compliance and accuracy. Common reasons for Rebills include, but are not limited to:
Incorrect or understated package weight or dimensions.
Incorrect packaging methods or labeling.
Incorrect or incomplete destination address or recipient details.
Failure to accurately declare package contents or value.
Additional carrier-imposed surcharges such as residential delivery, remote area, oversize or overweight handling, fuel surcharges, or other carrier-specific supplemental charges.
4.3 Automatic Authorization for Rebill Payments
By using MailsOut’s services, Users explicitly authorize MailsOut to automatically process and deduct any carrier-imposed Rebills directly from the User’s stored Payment Method without advance notification. Users acknowledge and agree that no separate consent or prior notice will be required for each Rebill transaction.
4.4 Deduction from Linked Accounts
In the event a Rebill amount cannot be successfully collected from a User’s primary Payment Method or account balance, Users authorize MailsOut to automatically deduct such charges from any other linked or associated accounts they hold within the Platform.
4.5 Rebill Collection from Future Payments or Balances
If immediate collection of a Rebill is unsuccessful, Users agree that MailsOut may forcibly deduct outstanding Rebill amounts from future payments made to the Platform or from the User’s current account balance, without prior notification or consent.
4.6 Management Fees on Carrier Adjustments
MailsOut imposes a management fee equivalent to ten percent (10%) of each Carrier Rebill amount, with a minimum management fee of $5.00 per adjustment transaction. Users expressly consent to this fee being automatically charged along with the corresponding Carrier adjustment.
4.7 Definition of Frequent Adjustment User
Any User who incurs three (3) or more Carrier adjustments within any rolling sequence of ten (10) labels will be classified as a “Frequent Adjustment User.” Such Users may be subjected to additional monitoring, mandatory security deposits, higher rates, or other protective measures deemed appropriate by MailsOut.
4.8 Security Deposit for Frequent Adjustment Users
Frequent Adjustment Users may be required by MailsOut, at its sole discretion, to pay and maintain a security deposit. The minimum security deposit amount will typically start at $100.00, and may be adjusted upward depending on the frequency and severity of prior Carrier adjustments. Security deposits are intended to offset potential future unpaid adjustments and associated administrative costs.
4.9 Responsibility for Accurate Shipment Information
Users accept sole responsibility for ensuring the accuracy of all shipment details entered when generating labels. Inaccurate or incomplete shipment information resulting in Carrier adjustments, additional charges, or administrative fees is entirely the User’s responsibility. MailsOut explicitly disclaims all liability for errors, omissions, or inaccuracies entered by Users.
4.10 Dispute Window for Rebill Adjustments
Users have a maximum period of five (5) calendar days from the date of receiving notification of a Carrier adjustment to dispute such charges. All disputes must be submitted via the Platform’s designated dispute process or by contacting MailsOut customer support directly. Failure to dispute within this five-day window shall be deemed acceptance of the adjustment.
4.11 Final Decision Authority
Users acknowledge and accept that all final decisions regarding disputes over adjustments lie exclusively with the Carrier and that MailsOut is obligated only to communicate Carrier decisions. MailsOut has no control or authority over Carrier audit outcomes or adjustment decisions, and thus disclaims all responsibility for disputes related to Carrier-imposed adjustments.
4.12 Record of Adjustments and Charges
MailsOut will maintain a clear and accessible record of all Carrier adjustments, including dates, amounts, and adjustment reasons, accessible to Users through their account dashboard. Users acknowledge that such records represent official documentation of adjustments for reference and dispute purposes.
Chapter 5: Payment and Deposit Policy
5.1 Accepted Payment Methods
MailsOut accepts the following payment methods:
Major Credit Cards (Visa, MasterCard, American Express, Discover)
Debit Cards bearing a major payment network logo
Bank Transfers via Zelle (subject to verification and approval)
Payments must be processed through the Platform’s designated payment processors, which maintain full compliance with PCI-DSS (Payment Card Industry Data Security Standard).
5.2 Automatic Authorization for Charges
By providing payment details and using MailsOut’s services, Users expressly authorize MailsOut to automatically charge their stored Payment Methods for:
Initial shipping label fees at the time of label creation.
Carrier-imposed adjustments (rebills), supplemental charges, administrative fees, management fees, or any additional fees as described in these Terms.
No prior notification or separate authorization is required for each individual charge beyond the acceptance of these Terms.
5.3 Tokenized Card Storage
MailsOut utilizes PCI-DSS compliant third-party payment gateways to securely tokenize and store Users’ credit and debit card information. Tokenization allows secure and efficient processing of recurring or future authorized transactions without needing Users to manually re-enter payment details for each transaction.
5.4 Deposit Requirements for Frequent Adjustment Users
Users identified as Frequent Adjustment Users—defined as any User who incurs three (3) or more Carrier rebill adjustments within any ten-label sequence—may be required, at MailsOut’s sole discretion, to submit a security deposit to continue using Platform services.
The minimum security deposit typically begins at $100.00 but may increase based on historical rebill amounts and frequency.
Deposits may be utilized by MailsOut to offset any unpaid adjustments, charges, or fees.
Deposits are refundable upon request after a six-month period without adjustments or upon account termination, provided no outstanding charges or fees exist.
5.5 Refund Processing Methods and Timeline
Refund requests approved by MailsOut are generally processed back to the original Payment Method used for the transaction, unless the original Payment Method has expired, become invalid, or was initially completed via Zelle.
Refunds to credit or debit cards typically appear on statements within five (5) to ten (10) business days after approval.
If the original Payment Method (including Zelle payments) cannot receive refunds directly, MailsOut will request alternative bank account information from the User. Such refunds may require additional processing time and verification.
5.6 User Obligations Regarding Chargebacks
Users expressly agree not to initiate unauthorized chargebacks, payment reversals, or disputes through their financial institutions without first contacting MailsOut for resolution. Users acknowledge that initiating such unauthorized chargebacks may cause significant administrative burdens and costs to the Platform.
5.7 Consequences of Unauthorized Chargebacks
In the event of any unauthorized chargeback initiated by a User, MailsOut reserves the right to:
Immediately suspend or terminate the User’s Account and all associated access to Platform services.
Impose administrative penalties, recovery fees, and chargeback fees incurred by MailsOut as a direct consequence of the User’s action.
Pursue collection activities, including the use of third-party debt collection agencies, for outstanding balances resulting from unauthorized chargebacks.
5.8 Payment Verification and Account Security
Users agree to provide accurate, valid, and current payment details when setting up or modifying their Payment Methods within the Platform. MailsOut reserves the right to request additional verification or identity confirmation documents at any time to ensure compliance with financial regulations and to maintain account security.
5.9 Account Balance Utilization
In cases where Users maintain an account balance or credit within the Platform, Users authorize MailsOut to automatically deduct charges, fees, adjustments, or other applicable costs directly from this account balance without additional notification or consent.
Chapter 6: Cancellation and Refund Policy
6.1 Label Cancellation Policy
MailsOut permits Users to request cancellation and refunds for shipping labels under the following conditions and within specified timelines:
Within 72 hours of Label Generation (Unused Labels Only)
Users may request a full refund for any shipping label, provided the label has not been scanned, submitted, or otherwise utilized by the Carrier within 72 hours from the original generation timestamp.
After 72 hours but within 5 Business Days (Unused Labels Only)
Users requesting cancellation after 72 hours, but within five (5) business days from the label creation date, are not guaranteed label cancellation or refunds. If the Carrier accepts the cancellation and issues a refund to MailsOut, Users will receive a refund minus a 20% administrative processing fee of the original shipping charge.
After 5 Business Days (Unused Labels Only)
Cancellation requests made after five (5) business days from label creation are neither guaranteed nor typically supported. In rare circumstances, if the Carrier allows the cancellation and refunds MailsOut, Users will receive the refunded amount minus a 50% administrative processing fee based on the original shipping charge.
6.2 Used or Scanned Labels
Labels that have been scanned, submitted to, or accepted by the Carrier are ineligible for cancellation or refunds under any circumstances. Users bear sole responsibility for ensuring the correctness and completeness of shipment data prior to using labels.
6.3 Refund Processing Timeline
Refund requests approved by MailsOut are generally processed within five (5) to ten (10) business days after approval. The refund timeline may vary depending on the original Payment Method used and external banking or payment processor timelines.
6.4 Refund Methods
Refunds will primarily be processed through the original Payment Method used at the time of purchase. In cases where the original Payment Method is expired, invalid, or otherwise unable to accept refunds (such as Zelle transactions), Users will be required to provide alternative bank account information to facilitate the refund.
6.5 Refund Exceptions and Limitations
MailsOut explicitly reserves the right to deny refund requests under the following circumstances:
Labels used beyond their three (3) calendar day validity period, causing rejection by the Carrier.
Labels flagged or investigated for fraud, misuse, or violations of MailsOut’s Terms.
Labels associated with accounts marked for frequent rebills, excessive refunds, or fraudulent activity.
6.6 No Guarantee of Carrier Approval
Users acknowledge and agree that refunds for labels beyond the initial 72-hour period are contingent upon the Carrier’s explicit approval and refund to MailsOut. MailsOut cannot independently authorize or guarantee refunds without prior Carrier consent and reimbursement.
6.7 Procedure for Submitting Refund Requests
All refund requests must be submitted through the designated refund request option within the Platform, or via official MailsOut customer support channels. Users must clearly provide:
Original label ID and transaction details.
Reason for refund request.
Supporting documentation if requested.
6.8 Refund Dispute Resolution
Any disputes concerning refund eligibility, refund amounts, or processing timelines must be submitted in writing to MailsOut customer support within five (5) business days of the refund decision. MailsOut reserves the right to final decision-making authority in refund-related disputes, and Users expressly waive any claims or disputes beyond this administrative process.
6.9 Responsibility for Shipping Information Accuracy
Users explicitly accept responsibility for verifying all shipment information prior to label generation. Errors or inaccuracies in user-submitted shipment information do not constitute valid grounds for refund claims.
Chapter 7: Disclaimer of Liability
7.1 Limited Role as Digital Intermediary
MailsOut functions exclusively as a digital intermediary platform, facilitating the generation, sale, and management of shipping labels through third-party shipping providers. MailsOut does not undertake any role involving the physical handling, storage, transportation, or delivery of packages or items shipped using labels generated through the Platform.
7.2 No Responsibility for Carrier Actions
MailsOut explicitly disclaims all responsibility for actions, omissions, delays, errors, or any misconduct of third-party Carriers utilized through its Platform. Users understand and agree that any issue or grievance related to shipment handling, delivery timelines, package loss, damage, or other Carrier-related problems must be pursued directly with the Carrier providing shipping services.
7.3 Disclaimer for Package Handling and Transportation
MailsOut assumes no liability or responsibility for the condition, safety, delivery, or integrity of packages. Users acknowledge that once a label is purchased and submitted to a Carrier, all responsibility for the package, including its safe handling, timely delivery, and final condition, transfers immediately and entirely to the Carrier.
7.4 No Guarantees on Delivery Timelines
MailsOut provides no guarantee or assurance regarding delivery timelines, performance, or any other aspect of Carrier services. Users expressly agree that delays or disruptions in service provided by third-party Carriers are beyond MailsOut’s control and responsibility.
7.5 Limitation of Liability
Under no circumstances shall MailsOut be liable for any direct, indirect, incidental, consequential, punitive, special, or exemplary damages arising from or related to the use or inability to use the Platform or its services. This exclusion applies even if MailsOut has been advised of the possibility of such damages.
7.6 Maximum Liability Cap
If, notwithstanding the aforementioned disclaimers, MailsOut is held legally responsible by any jurisdiction for any form of damage or loss resulting from Platform use, the total liability of MailsOut, regardless of cause, form of action, or legal theory, shall not exceed one hundred U.S. dollars ($100). Users explicitly accept this maximum limitation as a condition of using the Platform.
7.7 Indemnification and User Responsibility
Users agree to indemnify, defend, and hold harmless MailsOut, its officers, directors, employees, agents, affiliates, and representatives from and against all claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising directly or indirectly from:
User misuse of the Platform or labels provided by MailsOut.
User violations of these Terms or applicable laws.
User disputes or claims against third-party Carriers or providers.
7.8 Direct Resolution with Carriers
Users agree that all disputes, claims, or issues arising from shipping labels, package handling, carrier adjustments, delays, losses, or damages must be directly resolved with the third-party Carrier. MailsOut will provide reasonable assistance in the form of transaction records or confirmation details upon User request but will not assume responsibility or participate directly in Carrier disputes.
7.9 User Acceptance of Disclaimers
By accessing and using MailsOut’s Platform and services, Users expressly acknowledge and fully accept the disclaimers, limitations, and conditions outlined in this Chapter. Users understand and agree that continued use of the Platform constitutes unconditional acceptance of these Terms.
Chapter 8: Claims and Dispute Process
8.1 Procedure for Reporting Claims
Users must report claims for lost, damaged, or undelivered packages directly to the relevant third-party Carrier. MailsOut does not directly adjudicate these claims but will provide necessary documentation and shipment details to assist Users in their communications with Carriers.
8.2 Time Limitations for Claims
All claims related to lost, damaged, or undelivered shipments must be reported to the applicable Carrier within forty-eight (48) hours from the receipt or from the date of delivery notification provided by the Carrier. Claims reported beyond this timeframe may be automatically declined by the Carrier, and MailsOut will bear no responsibility in such cases.
8.3 Supporting Documentation Responsibility
Users are responsible for providing all necessary supporting documentation required by Carriers to process claims. Required documentation typically includes, but is not limited to:
Original shipment labels and receipts.
Clear photographic or video evidence of damage (where applicable).
Written statements or other proof of loss or damage.
MailsOut will assist in providing label confirmations, shipment records, and transaction details upon User request, but Users remain solely responsible for timely and complete documentation submission.
8.4 Billing Dispute Process for Adjustments and Rebills
Any disputes concerning billing adjustments or rebill charges assessed by Carriers must be submitted through the Platform’s official dispute resolution channels or directly to MailsOut customer support within five (5) calendar days of notification of such charges. Failure to submit a dispute within this timeframe will be deemed automatic acceptance of the charge.
8.5 Platform’s Role in Billing Disputes
MailsOut’s responsibility in billing disputes is limited strictly to the provision of transaction records, carrier audit reports, or related documentation upon User request. MailsOut does not possess authority or responsibility to modify, reverse, or independently adjudicate billing adjustments or rebill decisions made by Carriers.
8.6 Carrier’s Final Authority
All disputes regarding adjustments, rebills, package losses, damages, or delivery failures are subject to the final authority and decision-making processes of the respective Carrier. MailsOut expressly disclaims any responsibility or ability to influence Carrier decisions and Users must accept the Carrier’s determination as final.
8.7 Mediation and Arbitration
If disputes or claims remain unresolved after direct engagement with Carriers, Users agree first to attempt mediation through direct negotiation with MailsOut. If mediation fails, disputes shall be resolved through binding arbitration administered under the rules of the American Arbitration Association (AAA) in accordance with Texas law. Users agree that arbitration shall be conducted in the State of Texas, and arbitration awards are final and binding on all parties involved.
8.8 Class Action Waiver
Users expressly waive their right to participate in class actions or class-wide arbitrations regarding any disputes or claims arising from their use of MailsOut’s Platform or services. Any arbitration or legal proceeding initiated by Users must be conducted solely on an individual basis.
8.9 Legal Expenses and Fees
Each party agrees to bear its own legal fees, arbitration costs, and expenses incurred during mediation or arbitration proceedings, unless otherwise awarded by the arbitrator.
Chapter 9: Privacy and Data Protection
9.1 Information Collection and Purpose
MailsOut collects and processes User information solely for the purpose of providing platform services, processing transactions, facilitating shipping operations, and ensuring legal and regulatory compliance. Information collected includes, but is not limited to:
Name, address, phone number, and email address.
Payment details (handled securely by PCI-DSS compliant processors).
Shipping details (package weight, dimensions, contents, recipient data).
Transaction histories, adjustment records, and correspondence related to Platform use.
9.2 Secure Data Storage and Handling
All User data is securely stored and processed in compliance with PCI-DSS standards. Payment card details are securely tokenized and managed by certified third-party payment gateways, ensuring data security and compliance.
9.3 Data Retention Policy
MailsOut retains User account data and transaction records for a minimum period of twenty-four (24) months or as required by applicable laws for audit, regulatory compliance, or dispute resolution purposes, even after account closure or termination.
9.4 User Rights and Access
Users may exercise specific rights regarding their personal data, including:
Right to access personal data stored by MailsOut.
Right to request corrections or updates to inaccurate or outdated information.
Right to request anonymization or deletion of personal data, subject to legal or audit requirements.
Users may initiate these requests via their account settings or by contacting MailsOut customer support directly.
9.5 Cross-Border Data Transfers
Users acknowledge and consent that personal information provided to MailsOut may be transferred to, processed, and stored on servers located within the United States and possibly other international jurisdictions, subject to applicable data protection regulations and safeguards.
9.6 Third-Party Information Sharing
MailsOut shares User information with third parties solely to facilitate Platform services and transactions, including but not limited to:
Payment processors to securely handle payment transactions.
Third-party Carriers to generate labels and provide shipping services.
Fraud prevention and identity verification providers.
Third-party collection agencies in cases of unpaid or disputed charges.
No User data will be sold or shared with third parties for marketing or commercial purposes unrelated to MailsOut services.
9.7 Data Breach Notification
In the event of a confirmed security breach involving personal data, MailsOut will promptly notify affected Users in compliance with applicable laws, clearly indicating the nature of the breach, the data involved, and recommended protective measures.
9.8 Cookie Policy and Tracking Technologies
MailsOut employs cookies and similar technologies to enhance User experience, track service usage, facilitate account authentication, and perform analytics. Users can manage or disable cookies through their browser settings, but doing so may limit Platform functionality.
9.9 Compliance with Privacy Regulations
MailsOut complies with applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR, where applicable), and other relevant state and federal privacy legislation.
9.10 User Consent and Agreement
By using MailsOut’s Platform, Users explicitly consent to the collection, storage, transfer, processing, and use of their personal information as described in this Chapter and in accordance with the broader Terms of Use.
Chapter 10: Linked Accounts and Collections
10.1 Definition of Linked Accounts
Linked Accounts are defined as any two or more User accounts identified by MailsOut as related or connected through shared identifying information or transaction details, including but not limited to:
Common payment methods or credit/debit card details.
Shared IP addresses used consistently for accessing multiple accounts.
Identical or substantially similar physical addresses or billing information.
10.2 Consolidation of Financial Obligations
MailsOut reserves the right to consolidate financial obligations, charges, and outstanding balances across all identified Linked Accounts. Users with Linked Accounts explicitly agree to joint responsibility for unpaid balances, fees, adjustments, and penalties incurred by any linked account.
10.3 Automatic Authorization for Linked Account Charges
By using the MailsOut Platform, Users authorize MailsOut to automatically collect unpaid or overdue charges, adjustments, or administrative fees from any linked account, including balances or stored payment methods associated with such accounts, without prior notification or separate authorization.
10.4 Conditions for Third-Party Collection Agency Involvement
MailsOut may engage third-party collection agencies if a User fails to remit payment for outstanding balances, adjustments, administrative fees, or other charges within seven (7) calendar days of the original payment due date or notification of such charges.
10.5 User Notification Before Third-Party Collection
Prior to initiating third-party collections, MailsOut will send a final notification via email to the registered email address associated with the User’s account. Users will be given a forty-eight (48) hour period from the issuance of this notification to resolve outstanding balances before MailsOut escalates the matter to external collection agencies.
10.6 Consequences of Non-Payment
Users who repeatedly or intentionally fail to meet their payment obligations, engage in chargeback activities without authorization, or exhibit frequent unpaid adjustments or administrative fees may face account suspension, restricted service access, increased security deposit requirements, or permanent ban from the Platform at MailsOut’s sole discretion.
10.7 Costs and Fees Associated with Collections
Users agree to be fully responsible for all costs and fees incurred by MailsOut related to collections efforts. Such costs include but are not limited to third-party collection agency fees, legal costs, and administrative expenses arising directly from the User’s non-payment or delayed payment activities.
10.8 Right to Report to Credit Agencies
MailsOut reserves the right, at its discretion, to report delinquent payments, unpaid balances, or other relevant financial misconduct to credit reporting agencies, potentially affecting the User’s credit standing.
10.9 Dispute of Collection Actions
Users may dispute third-party collection actions or outstanding balances by submitting written documentation and evidence to MailsOut within five (5) calendar days from receipt of the final notification. Failure to submit a timely dispute will be considered acceptance of the outstanding balance and related collection activities.
10.10 Agreement to Terms
By using MailsOut’s services, Users explicitly agree to abide by the terms and conditions outlined in this chapter. Users acknowledge that MailsOut’s policies regarding Linked Accounts and collections are necessary measures to maintain the financial integrity and operational stability of the Platform.
Chapter 11: Platform Integrity and API Access
11.1 System Availability and Uptime Disclaimer
MailsOut endeavors to maintain continuous access and high availability of its Platform and related services. However, Users acknowledge and agree that system availability may occasionally be affected by scheduled maintenance, unplanned outages, third-party service interruptions (e.g., Carrier APIs), or unforeseen technical failures.
MailsOut makes no guarantees of uninterrupted availability or access and disclaims all liability for downtime or loss of access.
11.2 Acceptable Use Policy
Users agree to use the Platform solely for lawful purposes and in accordance with these Terms. Prohibited activities include but are not limited to:
Reverse engineering, decompiling, or extracting data from Platform systems or APIs.
Excessively querying or overloading the system beyond normal usage thresholds.
Attempting to interfere with system performance, security, or data access controls.
Using the Platform to generate labels for resell or redistribution without express written authorization from MailsOut.
Using automated tools, bots, or scripts to interact with the Platform outside of approved integrations.
Violations may result in immediate suspension or permanent termination of access to the Platform.
11.3 API Access and Restrictions
MailsOut may, at its discretion, grant API access to Users or business partners for purposes of system integration. Access is conditional upon:
Signing a separate API usage agreement.
Complying with usage quotas and technical documentation.
Not circumventing security controls or usage tracking.
Not reselling API-driven services without written approval.
MailsOut reserves the right to suspend or revoke API access at any time without prior notice if misuse is detected or operational risk is identified.
11.4 Monitoring and Security
MailsOut continuously monitors usage and access behavior for system stability and security purposes. Users consent to such monitoring and agree not to interfere with platform monitoring tools or audit procedures.
In the event of suspected misuse, fraud, or system tampering, MailsOut may restrict or disable User access immediately while conducting an internal investigation. Permanent bans may result based on findings.
11.5 Platform Modifications and Feature Changes
MailsOut reserves the right to modify, enhance, or discontinue Platform features, layouts, tools, or functionalities at any time with or without notice. Users understand and accept that such changes may impact their existing workflows, and MailsOut is not obligated to maintain backward compatibility for deprecated features.
11.6 Data Accuracy and Sync Integrity
MailsOut is not responsible for delays, discrepancies, or data integrity issues arising from third-party platform syncs (e.g., Shopify, Amazon). It is the User’s responsibility to verify the accuracy of all imported or API-connected data before generating shipping labels or submitting orders.
11.7 Termination of Platform Access
MailsOut reserves the right to suspend, restrict, or terminate access to its Platform at its sole discretion for any reason, including but not limited to violations of these Terms, technical risk, security concerns, or prolonged inactivity. Users will be notified when possible, but such notification is not guaranteed or required.
Chapter 12: Carrier-Specific Terms
12.1 General Acknowledgment of Third-Party Carrier Terms
By purchasing and using shipping labels via the MailsOut Platform, Users agree to abide by the terms, conditions, and policies of the selected Carrier. Each Carrier maintains its own set of operational rules, service guarantees, fees, dispute processes, and liability limitations. These Carrier-specific terms are binding upon the User and may change without notice.
12.2 Carrier Disclaimer of Liability
All shipments are physically managed, delivered, and insured (if applicable) solely by the Carrier selected at the time of label creation. MailsOut assumes no control over, or responsibility for, the following:
Carrier delivery timelines or delays
Lost, misdelivered, returned, or damaged items
Carrier pickup failures or tracking discrepancies
Delivery area restrictions or unavailability
Fuel or surcharge adjustments imposed post-transaction
All claims for such issues must be filed directly with the Carrier according to that Carrier’s dispute resolution procedures.
12.3 UPS-Specific Rules and Adjustments
Minimum Billable Weight: Packages with dimensional weight exceeding actual weight may be billed at the dimensional rate, per UPS’s published formulas.
Large Package Surcharge: Applies when the length plus girth exceeds 130 inches, or when a single dimension exceeds 48 inches.
Additional Handling Fees: Triggered by non-standard packaging, excess weight (>50 lbs), or improper labeling.
Address Corrections: UPS charges up to $21 per correction for incorrectly formatted or incomplete delivery addresses.
Residential Surcharge: A fee applies when the package is delivered to a residential address, even if not labeled as such.
For full terms, refer to: UPS Terms and Conditions of Carriage
https://www.ups.com/us/en/support/shipping-support/legal-terms-conditions
12.4 FedEx-Specific Rules and Adjustments
Dimensional Weight Rule: FedEx applies dimensional weight pricing to all services. Understated dimensions will result in audit fees.
Oversize Charges: FedEx applies a surcharge when any dimension exceeds 48 inches, or when total girth exceeds 130 inches.
Address Correction Fee: Approximately $19–21 per package, applied automatically if corrected by FedEx’s systems.
Delivery Area Surcharge (DAS): Assessed for remote or rural delivery zones.
Additional Handling Surcharge: Applies for packages over 50 lbs, unboxed items, or non-conveyable packaging.
For full terms, refer to: FedEx Service Guide
https://www.fedex.com/en-us/service-guide.html
12.5 USPS-Specific Rules and Limitations
Flat Rate and Weight-Based Pricing: USPS offers fixed pricing based on package type, but also reserves the right to reclassify packages based on actual packaging and zone.
Address Format Sensitivity: USPS may reject or delay packages with non-standard address formatting.
No Guaranteed Delivery Date: Except for Priority Mail Express, USPS does not guarantee exact delivery timelines.
Tracking Limitations: USPS tracking may be delayed or non-updated depending on processing hub conditions.
For full terms, refer to: USPS Domestic Mail Manual
https://pe.usps.com
12.6 Audit and Adjustment Enforcement
All Carriers reserve the right to audit any package post-shipment. This includes remeasuring, reweighing, or reclassifying the parcel. The resulting charges—known as adjustments or rebills—are enforced without prior notice. MailsOut will automatically pass these charges to the User, including applicable management fees per Chapter 4.
12.7 No Guarantee of Carrier Refund Eligibility
MailsOut cannot guarantee any refund eligibility related to Carrier error, delay, loss, or service failure. Any refund of shipping charges due to service failures must be requested by the User directly from the Carrier, and subject to that Carrier’s sole discretion and eligibility conditions.
Chapter 13: Commercial Use and Authorized Agents
13.1 Intended Use of Platform
MailsOut is intended for use by individual businesses or authorized personnel acting on behalf of a business entity. The Platform is not designed for label resellers, brokers, or third-party logistics agents unless explicitly permitted under a written commercial service agreement with MailsOut.
13.2 Prohibited Commercial Activity
Users are expressly prohibited from the following commercial activities without prior written approval:
Reselling shipping labels generated through the Platform to any third party, including clients, customers, or associated businesses.
Allowing third parties to access or use their MailsOut account to generate labels.
Operating shared accounts on behalf of multiple legal or operational entities.
Transferring account access credentials or control to unauthorized individuals or entities.
Violations of this policy may result in account suspension or permanent termination.
13.3 Authorized Agent Representation
Users who access or operate the Platform on behalf of a company, client, or organization represent and warrant that they have full legal authority to bind that entity to these Terms. If the User does not have such authority, they may not use the Platform for or in the name of such entity.
MailsOut shall not be held liable for any misrepresentation or misuse of authority by the User claiming to represent a third party.
13.4 Multiple Accounts and Shared Access
Users operating multiple MailsOut accounts must ensure that each account is properly registered to a distinct legal entity. Shared credentials, account cross-usage, and unauthorized platform automation are strictly prohibited unless covered under an enterprise API contract.
MailsOut reserves the right to merge, restrict, or terminate multiple accounts that are improperly managed or that present a risk of abuse or fraud.
13.5 Partner Use and Sub-Users
MailsOut may provide specific enterprise features such as sub-user roles, shipping quotas, account hierarchies, and billing allocation tools upon request or via enterprise agreement. In the absence of such agreements, Users may not onboard sub-users, automate bulk label creation for third parties, or extend platform access beyond the registered business owner.
13.6 Franchise and Fulfillment Center Guidelines
Fulfillment centers, franchises, and warehouse operators may use MailsOut for their own shipping needs but are prohibited from creating shipping labels on behalf of unaffiliated clients unless authorized by a written multi-client agreement with MailsOut.
13.7 Business Entity Registration and Tax Compliance
All commercial Users are responsible for ensuring that they operate under appropriate business licensing, tax ID registration, and compliance with local, state, and federal tax reporting laws. MailsOut does not offer legal or tax advice, and any legal obligations arising from commercial shipping operations are solely the responsibility of the User.
Chapter 14: Term Acceptance and Binding Authority
14.1 Legal Acceptance of Terms
By accessing, registering for, or using any part of the MailsOut Platform, Users agree to be legally bound by the Terms of Use & Privacy Policy in their entirety, including all incorporated policies, appendices, and referenced documents. This agreement is legally enforceable whether accepted by digital registration, label purchase, continued usage, or implied consent through system access.
14.2 Binding Authority of Business Users
If a User is accessing or using the Platform on behalf of a business, organization, or other legal entity, the User represents and warrants that they have full legal authority to bind such entity to these Terms. If the User does not have such authority, they may not access or use the Platform on behalf of the entity.
Users acting on behalf of a business entity hereby confirm they have full legal authority to bind that entity to these Terms. By registering an account, the entity acknowledges such binding consent.
14.3 Electronic Signature and Records
Users acknowledge that electronic acceptance of these Terms has the same legal force and effect as a physical written signature. MailsOut may maintain electronic records of User consent, usage history, and transactional activity, which shall serve as admissible evidence in any dispute or proceeding.
14.4 Textual Precedence and Interpretation
The official and legally enforceable version of this Agreement is in English. Any translated copies are provided for convenience only and do not hold legal authority. In the event of conflict or ambiguity between the English version and any translation, the English version shall control.
14.5 Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed severed, and the remaining provisions shall remain in full force and effect.
14.6 Entire Agreement
These Terms constitute the entire agreement between the User and MailsOut regarding the subject matter and supersede all prior or contemporaneous understandings, agreements, communications, or proposals, whether oral or written.
14.7 Refund and Settlement Window for Residual Funds
Refunds or withdrawals of remaining account balances will be processed within 30 calendar days. This timeline accounts for potential audit reviews, carrier refund cycles, and third-party processor timelines.
Chapter 15: Prohibited Use and Compliance
15.1 Prohibited Use.
Users may not use the Platform to:
(a) Resell or redistribute any shipping labels to third parties without written authorization;
(b) Provide platform access credentials to non-authorized persons or external clients;
(c) Use the system for unlawful or fraudulent purposes, including mail fraud or evasion of Carrier controls;
(d) Ship items listed as prohibited by Carriers (e.g., lithium batteries, flammable liquids, firearms, counterfeit items).
15.2 Reference to Carrier Banned Items.
Users are responsible for compliance with all Carrier-specific rules regarding restricted, hazardous, or prohibited items:
15.3 Copyright Takedown (DMCA)
If you believe content on the Platform infringes your copyright, please contact us with a formal DMCA takedown request. MailsOut complies with applicable U.S. copyright laws and will promptly review and respond.
15.4 User Content Responsibility
Users are solely responsible for ensuring that any content, data, or API integration they submit to the Platform does not infringe upon third-party intellectual property rights.
UPS Prohibited Items
FedEx Country-Specific Shipping Restrictions & Prohibited Items
https://www.fedex.com/en-us/shipping/international-prohibited-items.html
USPS Domestic Shipping Prohibitions, Restrictions, & HAZMAT
https://www.usps.com/ship/shipping-restrictions.htm
15.5 Platform Right to Audit.
MailsOut reserves the right to suspend or terminate service for Users found to be using the system for any prohibited activity.
Chapter 16: Payment Method Updates and Failure Handling
16.1 Card Auto-Update Authorization.
By registering a Payment Method, Users authorize MailsOut's payment processor to receive automatic updates from issuing banks regarding card replacements, expiration changes, or fraud resets.
16.2 Failure to Update Payment Method.
If the User’s stored Payment Method becomes invalid and no alternate method is added, MailsOut may suspend access to services and impose late payment fees until valid payment is restored.
16.3 Refund Delivery and Expiry.
If a refund is approved but the original Payment Method is no longer active, Users have 30 calendar days to provide a valid bank account. Failure to do so will result in forfeiture of the refundable amount.
Chapter 17: Binding Arbitration and No Class Action
17.1 Individual Arbitration.
Any dispute arising from use of the Platform shall be resolved by binding arbitration in Harris County, Texas, administered by the American Arbitration Association (AAA), under its applicable rules.
17.2 No Class Action.
Users expressly waive the right to participate in class actions, class-wide arbitration, or any consolidated legal proceedings.
17.3 Confidentiality of Proceedings.
All arbitration shall be conducted confidentially. The arbitrator’s decision is final and may be entered as judgment in any court with jurisdiction.
Chapter 18: Terms Update Enforcement Window
18.1 Advance Notice and Enforcement Delay.
MailsOut may post updated Terms with a future effective date. Users will be notified via email and/or dashboard at least 15 days in advance of enforcement.
18.2 Continued Use Constitutes Acceptance.
Continued use of the Platform after the updated Terms take effect will constitute full acceptance. If Users do not accept the changes, their sole remedy is to discontinue use before the effective date.
Appendix A: Carrier Prohibited Item Notice (Summary)
This appendix provides a summary of item categories commonly prohibited or restricted by major shipping carriers including USPS, UPS, and FedEx. Users are solely responsible for reviewing the official carrier policies prior to label creation. MailsOut is not responsible for shipments rejected, delayed, confiscated, or returned due to prohibited contents. Carrier-specific rules may vary by country or service level.
A.1 Prohibited Item Categories (All Carriers)
The following items are generally prohibited from shipment through all supported carriers:
Explosives: Fireworks, gunpowder, detonators, grenades.
Ammunition & Firearms: Guns, bullets, tasers, air rifles.
Flammable Materials: Gasoline, paint thinners, alcohol-based solutions over allowable volume.
Toxic & Corrosive Substances: Bleach, mercury, battery acid, industrial cleaners.
Illicit Substances: Illegal drugs, recreational narcotics, marijuana (including CBD), vape oils (if restricted).
Perishable Foods: Raw meat, seafood, dairy (unless packed and authorized under special services).
Live Animals & Insects: Including reptiles, insects, birds, or animal embryos.
Cash & Negotiable Instruments: Physical cash, coins, lottery tickets, bearer bonds, gift cards.
Counterfeit Items: Unauthorized replicas, fake branded goods, or forged documents.
Hazardous Waste: Used medical items, blood samples, needles, test kits.
A.2 Restricted Items (Require Special Approval or Labeling)
Some items are restricted but shippable under strict packaging and declaration rules. Examples include:
Lithium Batteries: Must follow IATA/UN packaging guidelines and carrier-specific quantity limits.
Perfumes & Aerosols: Only in small quantities with limited alcohol content.
Dry Ice (Frozen Goods): Requires “Dry Ice” label and net weight disclosure.
Prescription Medications: Allowed only with proper licensing, packaging, and destination legality.
Electronic Devices with Batteries: Must be properly packed to prevent short circuit or fire hazard.
Alcoholic Beverages: Prohibited for USPS; allowed for FedEx/UPS with alcohol shipping license.
A.3 Responsibility and Liability
MailsOut does not verify package contents, and assumes no responsibility for the legality or compliance of User-provided items.
Any penalties, confiscations, delays, returns, or legal consequences arising from shipment of prohibited/restricted items shall be the sole responsibility of the User.
Refunds for shipments rejected due to banned contents will not be issued by MailsOut.
Carrier inspections and post-shipment audits may result in additional fines, rebills, or permanent blacklisting of the sender.
Privacy
1. Information We Collect
1.1. Personal Information Provided by You:
Name, email address, phone number, shipping address.
Payment information (processed via third-party PCI-DSS compliant processors).
1.2. Automatically Collected Information:
IP address, device information, browser type.
Log files, cookies, session tracking data.
1.3. Transactional and Shipping Data:
Shipping label data (sender/receiver info, declared package details).
Purchase history, carrier adjustment records (rebills), and billing disputes.
1.4. Third-Party Integrations:
Information from platforms you authorize (e.g., Shopify, Amazon).
2. How We Use Your Information
2.1. To provide and manage label generation, shipping, and support services.
2.2. To process payments and apply adjustments or carrier fees.
2.3. To detect fraud, prevent abuse, and enforce platform policies.
2.4. To improve platform functionality and user experience.
2.5. To comply with legal obligations or respond to lawful requests.
3. Data Sharing and Disclosure
3.1. We do not sell or rent your personal information.
3.2. We may share data with:
Payment processors (for secure transactions).
Shipping carriers (to fulfill shipments).
Legal authorities (if required by law).
Third-party collections (in compliance with applicable laws and only for valid unpaid balances).
4. Cookies and Tracking
4.1. We use cookies to enhance your browsing experience and for platform analytics.
4.2. You may disable cookies via your browser settings, but some features may not function properly. For guidance, visit: https://www.allaboutcookies.org/manage-cookies
5. Data Retention
5.1. We retain account data and transactional records for at least 24 months or longer if required by law.
5.2. Upon account closure, some data may be archived for audit or compliance purposes.
6. Your Rights
6.1. You may access, update, or request deletion of your personal information by contacting us.
6.2. We will process such requests within 15 business days unless legal exceptions apply.
7. Data Security
7.1. We implement technical and organizational safeguards to protect your information. These include but are not limited to:
Secure Socket Layer (SSL) encryption
Tokenization of payment data
Multi-factor authentication on internal access points
Role-based access control for sensitive information
7.2. Despite our efforts, no system can guarantee absolute security.
8. International Data Transfers and Compliance
8.1. By using our services, you consent to your information being transferred and processed in the United States.
8.2. We take appropriate safeguards for data subject rights in compliance with cross-border laws such as GDPR where applicable.
9. Children's Privacy
9.1. Our services are not intended for children under 13. We do not knowingly collect data from children. If you believe we have unintentionally collected data from a minor, please contact us to request deletion.
10. Changes to This Policy
10.1. We may update this Privacy Policy. The updated version will be posted with an effective date.
10.2. Continued use of the platform after updates constitutes acceptance.