Terms and Conditions

Last Updated: August 26, 2024

Effective Date: August 26, 2024

Company: SendPal Global, Inc. ("Company," "we," "us," "our")
Address: 2261 Market Street STE 85264, San Francisco, CA 94114, United States
Website: https://sendpal.io
Mobile Application: SendPal
Email: [email protected]
Phone: (213) 985-3944
Business Registration: Delaware Corporation

AGREEMENT TO OUR LEGAL TERMS

DEFINITIONS

“Platform” or “SendPal” means SendPal, the online marketplace and mobile application that enables Senders and Transporters to connect for the delivery of items.

“Sender” means a user who posts a Delivery Request seeking carriage of an item.

“Transporter” means a user who registers a trip and accepts Delivery Requests to carry items on behalf of a Sender.

“Delivery Request” means a request posted by a Sender containing item description, pick-up and drop-off locations, preferred delivery date and any other information required to perform a delivery.

“Platform Fee” means the fee charged by SendPal for facilitating a Delivery Request.

“Transporter Fee” means the fee payable to the Transporter for completing the delivery, as agreed between the parties or set by the Platform.

“Consumer” means a natural person acting for purposes which are outside his trade, business, craft or profession.

“Business” means any user who is not a Consumer.

We are SendPal Global, Inc. ("Company," "we," "us," "our"), a company registered in Delaware, United States, with our principal office located at 2261 Market Street STE 85264, San Francisco, CA 94114.

We operate the website https://sendpal.io (the "Site"), the mobile application SendPal (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

What is SendPal?

SendPal is a peer-to-peer delivery platform that connects individuals who need to send packages ("Senders") with trusted travelers heading to the same destination ("Transporters"). Our marketplace facilitates secure, cost-effective shipping solutions by leveraging existing travel routes, creating a community-driven logistics network.

You can contact us by phone at (213) 985-3944, email at [email protected], or by mail to 2261 Market Street STE 85264, San Francisco, CA 94114, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and SendPal Global, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by [email protected], as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

Age Requirement: The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. PLATFORM ROLE AND MARKETPLACE NATURE
  3. USER CATEGORIES AND ROLES
  4. SENDER OBLIGATIONS AND REPRESENTATIONS
  5. TRANSACTION PROCESS AND ESCROW
  6. PROHIBITED ITEMS AND RESTRICTIONS
  7. SHIPPING AND TRANSPORTATION COMPLIANCE
  8. INTELLECTUAL PROPERTY RIGHTS
  9. USER REPRESENTATIONS
  10. USER REGISTRATION
  11. IDENTITY VERIFICATION AND KYC
  12. PROHIBITED ACTIVITIES
  13. USER GENERATED CONTRIBUTIONS
  14. CONTRIBUTION LICENSE
  15. GUIDELINES FOR REVIEWS
  16. MOBILE APPLICATION LICENSE
  17. SOCIAL MEDIA
  18. ADVERTISERS
  19. PAYMENT TERMS AND CONDITIONS
  20. PLATFORM FEES
  21. CANCELLATION AND REFUND POLICY
  22. LIABILITY LIMITATIONS
  23. DISPUTE HANDLING AND RESOLUTION
  24. DATA PROTECTION AND PRIVACY
  25. SERVICES MANAGEMENT
  26. PRIVACY POLICY
  27. COPYRIGHT INFRINGEMENTS
  28. TERM AND TERMINATION
  29. MODIFICATIONS AND INTERRUPTIONS
  30. GOVERNING LAW
  31. DISPUTE RESOLUTION
  32. CORRECTIONS
  33. DISCLAIMER
  34. LIMITATIONS OF LIABILITY
  35. INDEMNIFICATION
  36. USER DATA
  37. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  38. CALIFORNIA USERS AND RESIDENTS
  39. INTERNATIONAL USERS
  40. FORCE MAJEURE
  41. MISCELLANEOUS
  42. CONTACT US

1. OUR SERVICES

This section defines the scope of our Services and establishes the regulatory framework under which we operate.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1.1 Regulatory Compliance Framework

  1. Transportation and Logistics Compliance
    • Users must comply with all local, national, and international regulations related to transporting goods, including customs declarations, restricted/prohibited items, and weight or dimension limits.
    • All transportation activities must comply with applicable Department of Transportation (DOT), International Air Transport Association (IATA), and International Civil Aviation Organization (ICAO) regulations.
    • Transporters must ensure they have appropriate licenses and permits for cross-border transportation when applicable.
    • SendPal reserves the right to suspend or terminate any transaction that violates shipping laws or puts transporters at legal or physical risk.
  2. Data Protection and Privacy Regulations
    • SendPal processes personal data in accordance with applicable data privacy laws, including:
      • General Data Protection Regulation (GDPR) for users in the European Union
      • California Consumer Privacy Act (CCPA) for users in California
      • Personal Information Protection and Electronic Documents Act (PIPEDA) for users in Canada
      • Other applicable regional data protection laws
    • Users must not misuse or share personally identifiable information (PII) of others obtained through the platform.
    • Data transfers are conducted in compliance with applicable cross-border data transfer mechanisms.
  3. Anti-Money Laundering (AML) and Know Your Customer (KYC)
    • To comply with AML regulations, SendPal may request identity verification via third-party services.
    • Financial transactions (e.g., transporter withdrawals) may be subject to review and documentation requirements, especially for large transfers or flagged activity.
    • Users may be required to provide additional documentation for transactions exceeding certain thresholds.
    • We reserve the right to freeze accounts and report suspicious activities to relevant authorities.
  4. Payment Security Standards
    • All payments processed through SendPal are secured via PCI-DSS compliant payment gateways (e.g., Stripe, PayPal).
    • Users agree not to bypass the platform's payment system or engage in off-platform transactions that undermine transaction security.
    • All financial data is encrypted using industry-standard protocols.
  5. Trade and Export Compliance
    • Users must not use SendPal in countries or regions subject to U.S., EU, or UN sanctions.
    • Users cannot send packages to individuals or entities listed on government-sanctioned lists (OFAC, BIS, etc.).
    • Export-controlled items require appropriate licenses and documentation.
    • Users are responsible for obtaining all necessary export/import permits.

2. PLATFORM ROLE AND MARKETPLACE NATURE

This section clarifies SendPal's role as a marketplace facilitator and the nature of our relationship with users.

2.1 Third-Party Marketplace

SendPal provides an online marketplace that enables Senders and Transporters to find and contract with each other for the carriage of items. SendPal does not itself carry, transport or handle items.

Unless otherwise expressly stated in a local notice, the contract for the carriage of an item is concluded directly between the Sender and the Transporter (the “Delivery Contract”). SendPal acts solely as an intermediary that facilitates matching, communication, payment processing and provision of the Platform.

SendPal do not:

2.2 Platform Services

SendPal provides the following platform services:

2.3 Independent Contractor Relationship

All Transporters using the platform are independent contractors. SendPal does not:

3. USER CATEGORIES AND ROLES

This section defines the different types of users on our platform and their respective responsibilities.

3.1 Senders

Senders are users who wish to send packages through our platform. Sender responsibilities include:

3.2 Transporters

Transporters are users who offer to carry packages for Senders. Transporter responsibilities include:

3.3 User Eligibility Requirements

All users must:

3. SENDER OBLIGATIONS AND REPRESENTATIONS

When posting a Delivery Request, the Sender must:

The Sender represents and warrants that the item and its transportation are lawful and agrees to indemnify SendPal and the Transporter for losses, fines or penalties arising from incorrect declarations or unlawful items, except where SendPal is liable under applicable law.

TRANSPORTER OBLIGATIONS AND REPRESENTATIONS

By accepting a Delivery Request, the Transporter confirms they are legally permitted to carry the item and enter the destination country with it. Transporters must not accept items that are prohibited or unsafe to transport.

Transporters are independent users, not employees or agents of SendPal. They are responsible for their own taxes and compliance. For high-value deliveries, SendPal may request ID, insurance, or permits before acceptance.

Transporters may be required to provide proof of delivery (photo, signature, etc.).

4. TRANSACTION PROCESS AND ESCROW

This section outlines how transactions work on our platform, including our escrow system for payment security.

4.1 Transaction Lifecycle

  1. Request Creation: Senders create delivery requests with package details and requirements
  2. Matching: Transporters review and respond to suitable requests
  3. Agreement: Sender selects a Transporter and terms are finalized
  4. Payment: Sender makes payment, held in escrow by SendPal
  5. Package Handover: Package is transferred to Transporter with confirmation
  6. Transportation: Transporter carries package according to agreed terms
  7. Delivery: Package is delivered to recipient with confirmation
  8. Payment Release: Funds are released to Transporter after successful delivery

4.2 Escrow System

Payment Protection: SendPal holds all payments in escrow until successful delivery is confirmed. This protects both Senders and Transporters by ensuring:

  • Senders only pay for completed deliveries
  • Transporters receive guaranteed payment for successful deliveries
  • Disputes can be resolved before payment release

4.3 Delivery Confirmation

Delivery must be confirmed through one of the following methods:

5. PROHIBITED ITEMS AND RESTRICTIONS

This section lists items that cannot be transported through our platform for legal, safety, and regulatory reasons. For cross-border shipments, the Sender must provide complete and accurate customs documentation. Sender and Transporter are responsible for customs duties, taxes, fines, or penalties.

5.1 Strictly Prohibited Items

The following items are absolutely prohibited on the SendPal platform (non-exhaustive):

Dangerous and Hazardous Materials:

  • Explosives, fireworks, ammunition, and weapons
  • Flammable liquids, gases, and solids
  • Toxic, poisonous, or radioactive substances
  • Corrosive materials and oxidizing agents
  • Compressed gases and aerosols
  • Lithium batteries (except those pre-installed in devices)

Illegal and Controlled Substances:

  • Illegal drugs and controlled substances
  • Prescription medications without proper documentation
  • Marijuana and cannabis products (regardless of local legality)
  • Tobacco products and e-cigarettes in certain jurisdictions
  • Alcohol (subject to local regulations)

Counterfeit and Prohibited Goods:

  • Counterfeit, pirated, or illegally replicated items
  • Stolen goods or items of questionable ownership
  • Items that violate intellectual property rights
  • Endangered species products (ivory, exotic animal parts)
  • Cultural artifacts and antiquities without proper permits

Perishable and Biological Items:

  • Fresh food, fruits, and vegetables
  • Live animals, insects, or plants
  • Human remains, organs, or biological samples
  • Blood, bodily fluids, or medical specimens
  • Perishable items requiring temperature control

High-Value and Sensitive Items:

  • Cash, currency, or monetary instruments
  • Precious metals and gemstones (without insurance)
  • Original artwork or collectibles over $1,000
  • Important documents (passports, legal papers)
  • Items with sentimental value that cannot be replaced

5.2 Restricted Items

The following items may be transported with special approval and documentation:

5.3 User Responsibility

Important: Users are solely responsible for ensuring their packages comply with all applicable laws and regulations. SendPal is not liable for any legal consequences arising from prohibited or restricted items.

6. SHIPPING AND TRANSPORTATION COMPLIANCE

This section covers the legal requirements for shipping and transportation that users must follow.

6.1 Customs and Declaration Requirements

6.2 Weight and Size Limitations

6.3 Documentation Requirements

6.4 International Shipping Considerations

7. INTELLECTUAL PROPERTY RIGHTS

This section protects SendPal's intellectual property while clarifying users' rights and obligations.

7.1 Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

7.2 Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

Usage Restrictions: Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

7.3 User Content and Submissions

When you submit content to SendPal, you retain ownership of your intellectual property rights. However, you grant us certain rights as outlined in the "CONTRIBUTION LICENSE" section below.

8. USER REPRESENTATIONS

This section outlines the promises and warranties users make when using our platform.

By using the Services, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Legal Terms;
  4. You are not a minor in the jurisdiction in which you reside;
  5. You are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country;
  6. You are not listed on any U.S. government list of prohibited or restricted parties;
  7. You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
  8. You will not use the Services for any illegal or unauthorized purpose;
  9. Your use of the Services will not violate any applicable law or regulation;
  10. You have the right to send or transport any packages you list on the platform;
  11. You will comply with all customs, immigration, and transportation laws;
  12. You will not engage in fraudulent, deceptive, or misleading practices.

9. USER REGISTRATION

This section covers the account registration process and user responsibilities for account security.

9.1 Account Creation

To use certain features of the Services, you may be required to register for an account. During registration, you must:

9.2 Account Security

You are responsible for:

9.3 Account Restrictions

We reserve the right to:

10. ACCOUNTS, IDENTITY & VERIFICATION

This section explains our identity verification requirements and processes to ensure platform safety and regulatory compliance.

10.1 Verification Requirements

All users must complete identity verification before engaging in transactions. This includes one or multiple one of:

10.3 Verification Partners

We use third-party verification services such as:

Privacy Note: All verification data is handled in accordance with our Privacy Policy and applicable data protection laws. We implement appropriate security measures to protect your personal information.

11. PROHIBITED ACTIVITIES

This section outlines activities that are strictly forbidden on our platform to maintain safety, legality, and fair use.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

11.1 Platform Misuse

As a user of the Services, you agree not to:

11.2 Fraudulent Activities

Prohibited fraudulent activities include:

11.3 Harmful Content and Behavior

Users must not:

11.4 Legal and Regulatory Violations

Prohibited legal violations include:

12. USER GENERATED CONTRIBUTIONS

This section governs content that users create and share on our platform, including messages, reviews, and photos.

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services.

12.1 Types of Contributions

Contributions include but are not limited to:

12.2 Content Standards

When creating Contributions, you represent and warrant that:

12.3 Content Moderation

SendPal reserves the right to:

13. CONTRIBUTION LICENSE

This section explains the rights you grant to SendPal when you submit content to our platform.

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use your Contributions for:

Ownership: We do not claim ownership of your Contributions. You retain full ownership of all intellectual property rights associated with your Contributions. This license simply allows us to operate the platform effectively.

14. GUIDELINES FOR REVIEWS

This section establishes standards for user reviews and ratings to maintain fairness and accuracy.

Our review system helps build trust within the SendPal community. When posting a review, you must comply with the following criteria:

14.1 Review Requirements

14.2 Prohibited Review Content

Reviews must not contain:

14.3 Review Manipulation

The following practices are strictly prohibited:

14.4 Review Management

SendPal may:

15. MOBILE APPLICATION LICENSE

This section covers the terms specific to using our mobile application.

15.1 Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms.

You shall not:

  1. Decompile, reverse engineer, disassemble, or attempt to derive the source code of the App
  2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App
  3. Violate any applicable laws, rules, or regulations in connection with your access or use of the App
  4. Remove, alter, or obscure any proprietary notice posted by us or our licensors
  5. Use the App for any revenue-generating endeavor not specifically authorized
  6. Make the App available over a network permitting access by multiple devices simultaneously
  7. Use the App to create competitive or substitute products
  8. Use the App to send automated queries or unsolicited communications
  9. Use proprietary information or interfaces in unauthorized applications

15.2 App Store Terms

When you download our App from the Apple App Store or Google Play Store, additional terms apply:

15.3 App Updates and Compatibility

16. SOCIAL MEDIA

This section covers integration with third-party social media platforms and accounts.

You may link your SendPal account with third-party social media accounts by either:

  1. Providing your third-party account login information through the Services; or
  2. Allowing us to access your third-party account as permitted under the applicable terms and conditions

16.1 Social Media Integration

When you grant us access to your social media accounts, we may:

16.2 Third-Party Responsibility

16.3 Data Handling

17. ADVERTISERS

This section addresses advertising and promotional content on our platform.

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

17.1 Advertising Guidelines

17.2 User Responsibility

18. PAYMENT TERMS AND CONDITIONS

This section covers payment processing, accepted methods, and related financial terms.

18.1 Accepted Payment Methods

SendPal accepts the following payment methods:

18.2 Payment Processing

18.3 Payment Security

Security Measures:

  • All payment data is encrypted using industry-standard protocols
  • We do not store complete payment card information
  • Fraud monitoring systems are in place
  • Suspicious transactions are flagged for review
  • Users are notified of all payment activities

18.4 Payment Issues

19. PLATFORM FEES

This section outlines SendPal's fee structure for using our platform services.

19.1 Service Fees

SendPal charges fees for facilitating transactions and maintaining the platform:

Platform Service Fees:

  • Platform service fee applied to transactions
  • Payment processing fees (third-party processor fees)
  • Currency conversion fees (when applicable)
  • Withdrawal processing fees for transporter earnings

19.2 Fee Structure

19.3 Payment of Fees

20. CANCELLATION AND REFUND POLICY

This section explains how cancellations and refunds work for different scenarios and timeframes.

20.1 Cancellation by Senders

Before Package Handover:

  • More than 24 hours before scheduled pickup: Full refund minus processing fees
  • 6-24 hours before pickup: 90% refund
  • Less than 6 hours before pickup: 75% refund
  • After scheduled pickup time: No refund (unless transporter agrees)

After Package Handover:

  • Cancellation not permitted unless transporter agrees
  • Mutual agreement required for cancellation terms
  • Return shipping costs may apply
  • Partial payments may be retained for services rendered

20.2 Cancellation by Transporters

20.3 Refund Processing

20.4 Emergency Cancellations

In cases of emergencies, natural disasters, or force majeure events:

21. LIABILITY LIMITATIONS

This section covers liability limitations and protection measures for users.

21.1 Platform Limitations

SendPal operates as a marketplace platform and has limited liability:

Important Limitations:

  • SendPal is not responsible for loss or damage of packages during transport
  • We do not provide insurance coverage for transported items
  • Users transport and send packages at their own risk
  • We are not liable for delays beyond our platform control
  • Consequential and indirect damages are excluded
  • Liability for prohibited items is completely excluded

21.2 User Responsibilities

21.3 Third-Party Insurance

21.4 Risk Management

22. DISPUTE HANDLING AND RESOLUTION

This section outlines how disputes between users are handled and resolved through our platform.

22.1 Dispute Categories

Common dispute types include:

22.2 Resolution Process

Step 1: Direct Communication (48 hours)

  • Users attempt to resolve disputes directly
  • All communication through platform messaging
  • Documentation of issue and attempted resolution

Step 2: SendPal Mediation (3-5 business days)

  • SendPal support team reviews evidence
  • Neutral mediation between parties
  • Proposed resolution based on platform policies

Step 3: Final Decision (2-3 business days)

  • SendPal makes binding decision if mediation fails
  • Payment adjustments or refunds processed
  • Account actions taken if necessary

22.3 Evidence Requirements

When filing a dispute, users must provide:

22.4 Dispute Outcomes

Possible resolutions include:

23. DATA PROTECTION AND PRIVACY

This section covers how we protect user data and comply with privacy regulations worldwide.

23.1 Data Collection

We collect the following types of data:

23.2 Data Processing Legal Bases

We process personal data based on:

23.3 Data Subject Rights

Under GDPR and similar laws, users have the right to:

  • Access their personal data
  • Correct inaccurate information
  • Delete data in certain circumstances
  • Restrict processing activities
  • Data portability
  • Object to certain processing
  • Lodge complaints with supervisory authorities

23.4 Data Retention

23.5 International Data Transfers

24. SERVICES MANAGEMENT

This section outlines our rights and responsibilities in managing and maintaining the platform.

We reserve the right, but not the obligation, to:

24.1 Content Moderation

24.2 Platform Maintenance

25. PRIVACY POLICY

This section references our comprehensive Privacy Policy and data handling practices.

We care about data privacy and security. Please review our Privacy Policy: https://www.sendpal.io/privacy-policy.html. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Data Processing Location: Please be advised the Services are hosted in Germany. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through your continued use of the Services, you are transferring your data to Germany, and you expressly consent to have your data transferred to and processed in Germany.

25.1 Key Privacy Principles

This section outlines our policy for handling copyright infringement claims and DMCA compliance.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

26.1 DMCA Notice Requirements

A valid DMCA notice must include:

26.2 Counter-Notice Procedure

Users may file a counter-notice if they believe content was wrongly removed:

26.3 Repeat Infringer Policy

27. TERM AND TERMINATION

This section covers how and when these terms take effect, and circumstances under which accounts may be terminated.

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

27.1 Grounds for Termination

We may terminate or suspend your account for:

27.2 Effects of Termination

Upon termination:

27.3 Voluntary Account Closure

You may close your account at any time by:

28. MODIFICATIONS AND INTERRUPTIONS

This section addresses changes to our Services and potential service interruptions.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services.

28.1 Service Modifications

28.2 Service Interruptions

Service availability may be affected by:

28.3 Notification Procedures

29. GOVERNING LAW

This section establishes which laws govern these terms and where legal disputes will be handled.

These Legal Terms are governed by and interpreted following the laws of the State of California, United States, without regard to its conflict of law principles. You and SendPal Global, Inc. irrevocably consent that the courts of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

29.1 Applicable Laws

29.2 Jurisdiction

30. DISPUTE RESOLUTION

This section outlines mandatory arbitration procedures for legal disputes with SendPal.

30.1 Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association (AAA).

Arbitration Details:

  • Seat of arbitration: San Francisco, California
  • Language: English
  • Governing law: California substantive law
  • Number of arbitrators: One (1) for disputes under $25,000, Three (3) for larger disputes
  • Filing fees: Paid according to AAA rules

30.2 Arbitration Restrictions

The Parties agree that:

30.3 Exceptions to Arbitration

The following disputes are NOT subject to arbitration:

30.4 Arbitration Process

31. CORRECTIONS

This section addresses how we handle errors and corrections on our platform.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

31.1 Types of Corrections

31.2 Error Reporting

32. DISCLAIMER

This section contains important disclaimers about our Services and limitations of our warranties.

32.1 No Warranties

We make no warranties or representations about:

32.2 Third-Party Services

We do not warrant, endorse, guarantee, or assume responsibility for:

32.3 User Responsibility

YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. As with any marketplace transaction, you should verify information independently and assess risks before proceeding.

33. LIMITATIONS OF LIABILITY

This section limits SendPal's liability for various types of damages that may arise from using our Services.

33.1 Damage Exclusions

Our liability excludes:

33.2 Liability Cap

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

33.3 State Law Variations

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

34. INDEMNIFICATION

This section requires users to protect SendPal from legal claims arising from their use of our Services.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

34.1 Indemnification Triggers

34.2 Indemnification Process

34.3 Indemnification Limitations

35. USER DATA

This section addresses user responsibility for data and our backup practices.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

35.1 Data Responsibility

35.2 Data Backup Practices

35.3 Data Export

36. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

This section establishes the validity of electronic communications and signatures in our platform.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

36.1 Electronic Agreement Validity

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

36.2 Legal Equivalence

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require:

36.3 Electronic Record Keeping

37. CALIFORNIA USERS AND RESIDENTS

This section provides specific information for users residing in California.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

37.1 California Consumer Privacy Rights

Under the California Consumer Privacy Act (CCPA), California residents have the right to:

37.2 California Online Privacy Protection Act

37.3 California Unruh Civil Rights Act

38. INTERNATIONAL USERS

This section addresses specific considerations for users outside the United States.

38.1 Jurisdictional Compliance

International users must ensure compliance with:

38.2 Service Availability

38.3 Currency and Taxation

38.4 Data Transfers

Cross-Border Data Transfers: By using our Services, international users consent to the transfer of their personal data to the United States and other countries where we operate, which may have different data protection laws than your home country.

39. FORCE MAJEURE

This section addresses circumstances beyond our control that may affect service delivery.

39.1 Force Majeure Events

Neither party shall be liable for any failure or delay in performance under these Terms which is due to:

39.2 Force Majeure Procedures

39.3 Extended Force Majeure

40. MISCELLANEOUS

This section contains additional important provisions that govern these Terms and Conditions.

40.1 Entire Agreement

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

40.2 Severability

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

40.3 Assignment

40.4 No Third-Party Beneficiaries

These Legal Terms do not create any third-party beneficiary rights except as expressly stated herein. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

40.5 Waiver

40.6 Survival

The following provisions survive termination of these Terms:

40.7 Headings and Interpretation

40.8 Electronic Form

You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

41. CONTACT US

This section provides comprehensive contact information for various types of inquiries and support needs.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us using the appropriate channel below:

General Inquiries and Support

Email: [email protected]
Phone: (213) 985-3944
Hours: Monday - Friday, 9:00 AM - 6:00 PM UTC+01:00
Response Time: Within 24 hours for standard inquiries

Mailing Address

SendPal Global, Inc.
2261 Market Street STE 85264
San Francisco, CA 94114
United States

41.1 Response Times and Procedures

41.2 Alternative Contact Methods

41.3 Emergency Contacts