uShip API Terms of Use

By submitting an application to access the uShip API, You (and the organization that You represent, if any) acknowledge that You have read, understood, and agree to be bound to the terms of this Agreement, the following list of Agreements, and You will comply with all applicable laws and regulations. If You do not agree to comply with this Agreement or Agreements referenced below, uShip does not grant You any right or license to use the API.

uShip, Inc. (”uShip”) provides an API (the ”API”) on the website https://developer.uship.com/ and https://uship.developerhub.io/ which provides you access to information, code, and other material (the ”API-content”).

These terms of license (the “Agreement”) describe under what conditions the API is provided, how You are expected to use the API, and what Your rights and obligations are when using the API-content in Your own products or services.

1. uShip User Agreement and Privacy Policy
2. Mashery's Terms of Service and Privacy Policy 

You must be granted approval by a designated uShip representative before the uShip API Team will grant access to use the API. Direct questions about partner, affiliate, or referrer relations to partner@uship.com.

Order of Precedence

When using the API documentation or any of the afforementioned Agreements, here is the order that takes precedence.

1. uShip User Agreement
2. uShip API Terms of Use
3. Technical Documentation

1. License

Please refer to the License and Acceptable Use section of the uShip User Agreement. The main uShip User Agreement and Privacy Policy supercede and are used in conjunction with this Agreement that provides You with the legal limitations to properly use the uShip API and the API-content.

uShip hereby grants You a non-exclusive, non-transferable, and revocable license to use the API only as reasonably necessary under this Agreement. This license, and the products and services which You develop under the license, do not constitute any limitation in uShip’s or our data sources’ right to freely use, develop, amend, and to stop providing the API, the API-content, and related products and services.

2. Intellectual Property Rights

2.1 uShip holds the sole ownership and the intellectual property rights to the API. Unless You have received our express written consent You are not entitled to claim the ownership of, publish, copy, assign, transfer, license or otherwise dispose of the intellectual property rights to the source code or call structure of the API.

2.2 The API-content includes content which is protected by intellectual property rights, such as copyright and trademark protection and You are not entitled to claim ownership of, publish, copy, assign, transfer, license or amend such content.

2.3 When using the API-content in products or services developed by You, You are obliged to indicate, in the product or service at hand, that it contains data from the API. Your right to use uShip’s trade name and trademark is limited to source references in accordance with the aforesaid, and You are not entitled to use our trade name or our trademarks other than set out in this section.

2.4 By submitting requests to the API, You grant uShip a non-exclusive, non-assignable and non-transferable license to refer to Your trade name and any products and services in which the API-content is used (including any trademarks which You hold for such products or services), for the purpose of indicating that You are using the API. uShip’s right to use Your trade name and trademark is limited to source references for this purpose.

Definitions

Capitalized terms used in this Agreement have the meanings set forth in this Section and throughout the Agreement. Please refer to the Definitions section in the main uShip User Agreement for industry terms. 

API. Means the application programming interface, the use of which is subject to this Agreement and the Technical Documentation.

API-Content. Means the APIs, API Key, Documentation, Licensed Content, Limitation and Usage Requirements, technical support, and all other tools, services and information with respect to uShip’s Business Development/API Program or Licensed Content that uShip makes available to You through the uShip’s API Portal or any other means. 

API Key or Token. Means the unique identifier provided to You that allows You to access the APIs and identifies You when accessing the APIs. You must obtain a new key for each application You create. 

Documentation.  Means any technical or other specifications or documentation that uShip may make available or provide to You relating to or for use in connection with the API and https://developer.uship.com. 

Intellectual Property Rights. Means any and all rights existing from time to time under patent, copyright, trademark, trade secret, unfair competition, moral rights, publicity rights, or privacy rights laws, and any and all other proprietary rights.

Licensed Content. Means all content provided by uShip in the APIs.

Hypermedia Link. If the user and permissions allow, the related hypermedia links appear to suggest what can be done.

Usage Requirements. Means the technical and operational specifications, standards and requirements for use of the Licensed Content and APIs, as established by uShip from time to time, and published on the uShip API Portal.

Web Link. Means the uShip-designated URL redirect associated with a Shipper or Service Provider, as provided in the Licensed Content. 

3. Data Processing, Storage, and Transmission

In order to be able to submit requests to the API, You may need to register certain personal data pertaining to You or the organization You represent (if applicable). By registering Your personal data, You accept that uShip processes Your personal data for the purpose of administering, supervising, and enabling Your use of the API, and that uShip, acting as a data controller and processes Your personal data in accordance with our Privacy Policy for processing of personal data. 

4. Technical Requirements and Limitations

4.1 You agree that You have clear and written consent to represent Your company or organization or Your client’s company in a technical manner. The user authorized to access the uShip API must have a uShip.com account in good standing.  

For the purpose of securing and maintaining the availability and quality of the API and the API-content You are obliged to adhere to our instructions regarding caching, storing, copying, updating and any other interactions related to the API and the API-content, as set out in our Technical Documentation.  

4.2 Limitations. You may only connect to the API in the way set out in our instructions and You are not entitled to use any technical means to gain unauthorized access to, disturb, or deactivate the API. This includes, but is not limited to, that You undertake not to introduce viruses, worms, Trojan horses or other forms of malware in the API or on the website where the API is provided. In addition, You undertake not to exploit any API technical glitch or software vulnerability to gain unauthorized access. uShip can suspend, restrict, or terminate a user if the API is abused at any time with or without notice. No misuse or abuse of the number or volume of calls or of the data obtained through the uShip API is permitted at any time. We reserve the right to “turn off”, limit/restrict, monitor, remove users who violate this policy.  

4.3 Changes and Notice. We will do our best to give advance notice of changes to the API. We reserve the right to deprecate methods or versions of a method. uShip will make a good faith effort to notify all active, registered users of material changes made to this Agreement and the date in which such changes take effect. However, we are not obligated to do so.

Notice of such changes will be posted to https://developer.uship.com/API_Terms_of_Use and in some cases a notice will be emailed to You directly. Please add api-support@uship.com to Your list of trusted email senders so that we can notify You about changes that could affect Your use of the API. All modified terms and conditions shall take effect immediately after posting to the uShip website, or upon the stated date included within the announcement. You agree and consent to any and all modified terms and conditions hereunder.

You are solely responsible for notifying us of any changes if and when Your uShip account username and/or when Your developer/technical contact changes so that we have the most current information tied to Your account(s) and application(s). Please submit changes to api-support@uship.com.

4.4 You are not entitled to use the API or the API-content for products and services which may harm uShip’s business or which violates our interests. You are not entitled to use the API or the API-content for products or services which are in breach of or which allude to the breach of applicable laws and regulations.

If You have any questions regarding the limitations set out in this section or if You wish to use the API or the API-content in any other way than as set out in this Agreement, You may contact us at api-support@uship.com. You are however not entitled to commence such use before You have received our written consent.

5. Liability 

5.1 We strive to constantly improve the API and welcome You to inform us of any errors or defects in Your user experience by sending us a message at api-support@uship.com. As further specified in this section ”Liability” we however have limited resources to correct errors or defects.

You are aware and accept that uShip does not commit to, or provide any warranties regarding the quality, security, reliability, availability, or performance of the API or the API-content. Accordingly, notwithstanding what is set out in our Technical Documentation or other descriptions of the API’s function where the API is provided, You cannot expect that the API is error free, free from security issues, updated, or a suitable data source for the products or services You intend to use the API for.

5.2 You are aware and accept that You use the API at Your own risk and that uShip is not liable for any indirect damage which You may suffer due to Your use of, respectively Your inability to use, the API or the API-content. In this Agreement, indirect damage shall be interpreted to mean for example loss of profit, loss of use of Your products or services, reimbursement for the use of a replacing service, loss of data, costs for troubleshooting, loss of goodwill and damage due to viruses and other security related issues.

5.3 By generating data and information to the API, You accept that You are responsible for Your right to publish and distribute such information, including but not limited to a responsibility to ensure that You

(i) do not violate any third party’s intellectual property rights,
(ii) are entitled to distribute any personal data,
(iii) do not distribute information in breach of, or which allude to the breach of, applicable laws and regulations.

You undertake to indemnify uShip, our partners, and our employees against any claims from third parties pertaining to Your use of the API or the API-content in breach of this Agreement.

5.4 By continuing to use the API after a change has been executed, You confirm that You accept the change. Contact us immediately at api-support@uship.com immediately, if You do not agree with these terms.

6. Terms and Conditions

6.1 This Agreement, and Your license to the API, enters into force when You accept this Agreement, and remains in force as long as uShip provides the API, unless previously terminated in accordance with this section and the uShip User Agreement.

6.2 uShip reserves the right to immediately terminate this Agreement and to discontinue Your use of the API if You use the API or the API-content in breach of the provisions set out herein. We also reserve the right to, based on our reasonable assessment and following notice to You, permanently or temporarily discontinue the API or the API-content in part or in its entirety.

You are entitled to at any time, without grounds and without cost terminate this Agreement. Such termination is carried out by discontinuing Your use of the API by contacting us at api-support@uship.com to assist with the termination.

6.3 If Your right to use the API is terminated, You are liable to immediately discontinue and erase Your connection to the API and any data obtained from uShip. You must also erase and any references to our trade name and our trademarks used in Your products or services.

6.4 This Agreement constitutes the entire Agreement on all matters concerning Your right to use the API and the API-content. Changes in or amendments to this Agreement will be communicated here with the most recent updated date. We will do our best to give advance notice. We reserve the right to deprecate methods or versions of a method.

6.5 You are not entitled to transfer Your rights and obligations under this Agreement to a third party. uShip reserves the right to, after notice to You, assign the Agreement to any of our group companies or to a third party which acquire our business, in part or in its entirety.

6.6 If and to the extent that any of Your obligations, or any limitation of Your rights in accordance with this Agreement, are not valid because of Your rights as a consumer, they shall not be applicable to You. Accordingly, nothing in this Agreement is intended to exclude or limit Your lawful rights as a consumer.

6.7 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflict of laws.