Introduction

This Acceptable Use Policy (“AUP”) describes activities that are not permitted in connection with PandaShip LLC’s website, software platform, fulfillment services, warehouses, and any related products or services (collectively, the “Services”). This AUP is incorporated into and forms part of our Terms of Service. By accessing or using the Services, you agree to comply with this AUP.

Throughout this AUP, “you” and “your” refer to merchants, users, account holders, agents acting on behalf of merchants, and any other party using the Services. “We”, “us”, and “our” refer to PandaShip LLC.

We reserve the right to update this AUP at any time by posting changes to our website. Your continued use of the Services after we post changes constitutes acceptance of the updated AUP. We may, in our sole discretion, suspend or terminate your access to the Services for any violation of this AUP.

1. Prohibited Products and Goods

You may not ship, store, or otherwise process the following through the Services:

  • Illegal goods, contraband, or any item whose sale, possession, or transport is prohibited by federal, state, or local law in the origin jurisdiction, the destination jurisdiction, or any jurisdiction the shipment passes through.
  • Weapons, firearms, ammunition, explosives, or weapon components.
  • Hazardous materials, hazardous chemicals, biohazardous substances, or radioactive materials, except where (a) disclosed in writing in advance, (b) accompanied by accurate MSDS paperwork, and (c) approved by PandaShip LLC.
  • Aerosols.
  • Live animals, perishable food, or items requiring temperature-controlled handling outside of our standard storage conditions, unless explicitly approved by PandaShip LLC.
  • Human remains or body parts.
  • Stolen goods or goods obtained through fraud.
  • Counterfeit goods, replicas of trademarked or copyrighted products, or any item that infringes on the intellectual property rights of any third party.
  • Products bearing false health claims, unsubstantiated medical claims, or labeling that violates FDA or FTC regulations.
  • FDA-regulated products shipped to the United States without proper FDA prior notice submission by you.
  • Goods subject to U.S. or international trade sanctions.
  • Goods regulated by Participating Government Agencies (PGAs) without proper documentation and clearance, including products regulated by the FDA, FSIS, NHTSA, CPSC, USDA, or other applicable agencies.
  • CBD-based products without prior written certification from you that the products are in full compliance with all state, federal, and USPS regulations.
  • Packages valued over $800 USD shipping from Canada into the United States.
  • Any product whose lawful shipment, sale, or distribution has not been confirmed by you.

You are solely responsible for understanding which of your products fall into restricted categories and for complying with all applicable regulations. PandaShip LLC reserves the right to refuse, return, or dispose of any inventory that violates this AUP, at your expense.

2. Prohibited Uses of the Platform and Website

You may not use the Services or any associated website to:

  • Engage in any unlawful activity, or to encourage, promote, or facilitate any unlawful activity by others.
  • Violate any international, federal, state, provincial, or local laws, regulations, or ordinances.
  • Infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of PandaShip LLC or any third party.
  • Harass, abuse, threaten, defame, slander, or discriminate against any individual or group based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected characteristic.
  • Submit false, misleading, or fraudulent information, including in your account registration, shipment manifests, customs declarations, payment information, or any other communication with PandaShip LLC.
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
  • Engage in phishing, pretexting, social engineering, or any other deceptive practice intended to obtain unauthorized access to information or systems.
  • Use the Services to send unsolicited commercial messages, spam, chain letters, or promotional materials in violation of CAN-SPAM or similar laws.
  • Use the Services to defraud End-Users, run pyramid schemes, or operate any deceptive sales practice.

3. Security and System Integrity

You may not:

  • Upload, transmit, or distribute viruses, malware, ransomware, worms, trojans, logic bombs, or any other code of a destructive or malicious nature.
  • Probe, scan, or test the vulnerability of any PandaShip LLC system, network, or service without prior written authorization.
  • Attempt to gain unauthorized access to any portion of the Services, accounts of other users, computer systems, networks, or data not intended for you.
  • Interfere with, disrupt, or attempt to disrupt the integrity, performance, or availability of the Services or any related infrastructure.
  • Bypass, circumvent, or attempt to circumvent any authentication, security, or access control mechanism of the Services.
  • Use any automated tool, robot, spider, scraper, crawler, or other automated means to access, extract, or collect data from the Services, except for publicly available APIs used in accordance with their documented terms.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of any portion of the Services.
  • Resell, sublicense, or commercially exploit the Services without express written permission from PandaShip LLC.
  • Overload, flood, or otherwise burden the Services with disproportionate request volumes intended to disrupt service for other users.

4. Account Security

You are responsible for keeping your account credentials secure. You may not:

  • Share your account credentials with any unauthorized party.
  • Allow any unauthorized person to access or use your account.
  • Use another user’s account without express permission.
  • Create accounts using false, misleading, or stolen identity information.
  • Maintain multiple accounts for the purpose of evading suspension, evading fees, or otherwise circumventing this AUP or our Terms of Service.

You must notify us immediately of any actual or suspected unauthorized use of your account. PandaShip LLC is not liable for any loss or damage resulting from your failure to maintain the security of your account.

5. Intellectual Property and Brand

You may not:

  • Use PandaShip LLC’s trademarks, trade names, logos, service marks, or any confusingly similar variations or misspellings as search engine keywords (such as Google AdWords), pay-per-click bidding terms, or domain names.
  • Imply, suggest, or otherwise represent an association, partnership, sponsorship, or endorsement by PandaShip LLC without our prior written consent.
  • Modify, alter, or remove any proprietary notices, trademarks, copyrights, or watermarks from the Services or any related materials.
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or website content without express written permission from PandaShip LLC.
  • Use any content scraped or extracted from the Services to train machine learning models or build competing services.

6. Privacy and Data

You may not:

  • Collect, harvest, or store personal information about other users, End-Users, or third parties without proper authorization and consent.
  • Use End-User information obtained through the Services for any purpose other than fulfilling the order to which it relates, except as permitted by applicable privacy laws and your own published privacy policy.
  • Sell, rent, or otherwise transfer End-User personal information to third parties in violation of applicable laws or your own privacy commitments to End-Users.
  • Use the Services in any manner that violates the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), or any other applicable privacy or data protection law.

Your handling of personal information through the Services is also governed by our Privacy Policy and, where applicable, our Data Protection Addendum.

7. Communications

You acknowledge that PandaShip LLC will use the email address you provide as the primary method of communication. You may not:

  • Provide a false, invalid, or unmonitored email address as your account contact.
  • Configure email filters or rules that prevent the receipt of operational, billing, or service communications from PandaShip LLC.
  • Use the Services to send marketing or promotional communications that violate CAN-SPAM, CASL, or similar applicable laws.
  • Misrepresent the source, origin, or content of any communication sent in connection with the Services.

8. Facility Access

You may not, at any time during the term of your engagement with PandaShip LLC or after:

  • Enter any PandaShip LLC facility, fulfillment center, warehouse, or premises without prior express written notice and approval.
  • Access your inventory while it is stored in PandaShip LLC’s facilities without prior express written consent. Your goods may be commingled with the goods of other vendors and direct access is not permitted.
  • Attempt to inspect, audit, or remove inventory without scheduling and obtaining approval through the proper channels.
  • Photograph, record, or otherwise document the interior or operations of any PandaShip LLC facility without prior written consent.

9. Fraudulent and Abusive Conduct

You may not:

  • Initiate fraudulent chargebacks, file false damage or loss claims, or otherwise abuse our refund, credit, or claims processes.
  • Submit weight, dimension, or product information that you know to be inaccurate for the purpose of obtaining lower fees.
  • Misclassify hazardous materials, regulated products, or restricted items to evade restrictions or surcharges.
  • Provide false customs declarations, undervalued shipment manifests, or inaccurate country-of-origin information.
  • Use stolen, expired, or unauthorized payment methods.
  • Engage in any conduct intended to defraud PandaShip LLC, our partners, our carriers, or any End-User.

10. Third-Party Platform Compliance

If you use the Services in connection with third-party marketplaces or platforms (including but not limited to Amazon, Shopify, Walmart, eBay, Etsy, WooCommerce, BigCommerce, Wayfair, Overstock, Squarespace, ShipStation, Magento, QuickBooks Commerce, Volusion, or Google Shopping), you must comply with all applicable terms, policies, and program requirements of those platforms. PandaShip LLC is not responsible for monitoring or enforcing compliance with third-party platform rules. Violations of third-party platform terms (such as Amazon’s FBA policies) may result in account suspension or other enforcement action by those platforms, and any resulting consequences are your responsibility.

11. Reporting Violations

If you become aware of any violation of this AUP, please report it to support@pandaship.com. Reports should include sufficient detail for us to investigate, including (where applicable) account names, order numbers, dates, and a description of the conduct.

12. Enforcement

We may investigate any suspected violation of this AUP. Depending on the severity and nature of the violation, our response may include any of the following, at our sole discretion:

  • Issuing a warning.
  • Requiring corrective action within a specified timeframe.
  • Imposing additional fees or surcharges.
  • Suspending shipping, receiving, or other Services on your account.
  • Holding, returning, or disposing of inventory at your expense.
  • Reporting the conduct to law enforcement or applicable regulatory authorities.
  • Terminating your account and these Services without notice.
  • Pursuing any other legal or equitable remedy available to us.

Determination of whether conduct violates this AUP is made by PandaShip LLC in our sole discretion. We may take enforcement action without prior notice where the violation poses a security risk, legal risk, or risk of harm to others. We are not required to provide an opportunity to cure a violation before taking enforcement action.

13. Cooperation with Law Enforcement

PandaShip LLC may cooperate with law enforcement and regulatory authorities investigating any suspected violation of this AUP, applicable law, or our Terms of Service. We may disclose your account information, inventory information, transaction records, and other data in response to a valid subpoena, court order, or other lawful request, or where we believe in good faith that disclosure is necessary to protect our rights, property, or safety, or the rights, property, or safety of others.

14. Indemnification

You agree to indemnify, defend, and hold harmless PandaShip LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim, demand, loss, liability, fine, penalty, or expense (including reasonable attorneys’ fees) arising out of or related to your violation of this AUP. This obligation survives termination of your account and the Services.

15. Governing Law

This AUP is governed by the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising out of or relating to this AUP shall be subject to the same dispute resolution and jurisdiction provisions set forth in our Terms of Service.

16. Contact

Questions about this Acceptable Use Policy should be sent to support@pandaship.com.