Terms of Service

1. Acceptance of Terms

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform. We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Platform signifies your acceptance of the revised Terms.

2. The FlierShip Platform

FlierShip is a neutral peer-to-peer marketplace that connects users for shipping, delivery, and shopping services ("User Services"). We are not a transportation carrier, freight forwarder, or logistics provider. Our role is solely to provide the technology platform to facilitate connections between users. All User Services are provided by independent users, and FlierShip does not handle, transport, inspect, or take possession of any items. We are not a party to any agreement entered into between users.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Platform. By creating an account, you represent and warrant that you meet these requirements. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. User Accounts and Registration

You must register for an account to access most features of the Platform. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

5. User Roles and Conduct

• Senders: You are responsible for accurately describing your items, including their value and condition, providing clear pickup and delivery instructions, and ensuring your items are not prohibited.
• Travelers (Fliers) & Freight Forwarders: You are responsible for safely and lawfully transporting items as agreed upon. You must comply with all applicable laws, including airline, customs, and transportation regulations of all relevant jurisdictions.
• Shoppers: You are responsible for providing clear and accurate instructions for the items you wish to have purchased.

All users agree to act in good faith, communicate clearly, and treat other users with respect.

6. Prohibited Items and Activities

You are strictly prohibited from using the Platform to request, offer, or transport any illegal, hazardous, or otherwise restricted items. A non-exhaustive list of prohibited items is provided during the request creation process and includes, but is not limited to: firearms, explosives, narcotics, live animals (except as permitted by all applicable regulations), counterfeit goods, and any item that infringes on third-party rights. You are solely responsible for ensuring compliance with all local, national, and international laws.

7. User Content

You may post content, such as listing descriptions and reviews ("User Content"). You grant FlierShip a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, and distribute your User Content in connection with the operation of the Platform. You represent that you have all necessary rights to grant us this license.

8. Payments and Fees

Payments for shipments and shopper requests are processed securely through our platform using PayPal. Senders/shoppers pay the full amount when their request is accepted or quoted. FlierShip holds these funds in escrow and releases them to the traveler/forwarder upon successful completion of the service. This ensures a secure transaction for all parties. FlierShip charges a service fee, which is included in the final price.

9. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FLIERSHIP DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE SAFETY, LEGALITY, OR QUALITY OF ITEMS, THE TRUTH OR ACCURACY OF LISTINGS, OR THE ABILITY OF USERS TO COMPLETE A TRANSACTION.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLIERSHIP, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

11. Indemnification

You agree to defend, indemnify, and hold harmless FlierShip and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform.

12. Account Termination

We may, in our sole discretion, suspend or terminate your account and access to the Platform at any time, with or without cause or notice, for any reason, including for a violation of these Terms.

13. Dispute Resolution

Any disputes between you and FlierShip will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.

15. General Provisions

These Terms constitute the entire agreement between you and FlierShip concerning your use of the Platform. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

16. Contact Information

If you have any questions about these Terms, please contact us at: benjamin@fliership.com.