Seller Terms of Service
Effective date: 2026-06-19
These Seller Terms of Service (the "Terms") are a binding agreement between ShipThanks LLC ("ShipThanks," "we," "us") and you, an individual sales representative who uses ShipThanks to record and send thank-you videos and messages on behalf of an organization (a "Company"). By creating an account, verifying your phone number, tapping a record link we text you, or otherwise using the Service, you agree to these Terms.
If you do not agree, do not use the Service.
1. Who this is for, and your relationship with the Company
- You use ShipThanks as a Seller for one or more Companies. The Company enrolls you, owns the organization, and directs how you use the Service.
- We are not your employer. Your relationship (employment, contractor, agent, distributor, etc.), any compensation, quotas, and conduct rules are between you and your Company — not ShipThanks. We provide the software; the Company runs the program.
- The Company's own agreement with us (the Company Terms) governs the organization. Where the Company's instructions and these Terms both apply to your use, you must follow both; if they conflict on a compliance matter (e.g., messaging consent), the stricter rule applies.
2. Your account and the record link
There are two ways you may use the Service:
- Accountless first send. When an order ships, we may text you a personalized record link. For your first thank-you on a specific order, you can record and send without creating an account — the link is a single-purpose, time-limited (currently 3 days) credential that lets you do exactly one thing: record and send the thank-you for that order. It does not let you view other orders, read customer replies, or open the dashboard.
- Full account. To do anything beyond that one send — see customer replies, view past conversations, send for other orders, or use the dashboard — you create an account through our identity provider (Clerk). Account sign-up requires verifying your mobile phone number by SMS one-time passcode.
You agree to:
- provide accurate information and keep your phone number current;
- keep your credentials and any record link confidential (treat a record link like a password — anyone with it could send a thank-you in your name for that order);
- be responsible for activity under your account; and
- notify us or your Company promptly of any unauthorized use.
You must be of legal age to form a contract in your jurisdiction to create an account.
3. Consent to receive messages from us
The Service can send you text messages — for example, the record prompt when an order ships and alerts when a customer replies. These texts are optional. You receive them only if you opt in through a separate checkbox during onboarding; consent is not bundled into these Terms, and is not a condition of creating an account, using the Service, or any purchase. If you opt in, you agree to receive recurring automated operational/transactional SMS at the number you provide. Message frequency varies. Message and data rates may apply.
- You can reply STOP to the relevant number to opt out of Seller notifications from a Company; reply START to opt back in, and HELP for help. Opting out stops the texts but does not by itself remove you from the program — unsent thank-yous will instead wait in your dashboard queue.
- You can opt in or out at any time; declining texts does not limit any other part of the Service.
4. Recording and sending — your responsibilities
When you record and send thank-you videos and reply to customers, you agree that:
- The message goes to a real customer. You are sending to the Company's customer over the Company's registered messaging number. Send only genuine, relevant thank-you and customer-service content.
- Content standards. Your videos, images, and messages must not be unlawful, deceptive, harassing, hateful, sexually explicit, threatening, or otherwise prohibited, and must not violate carrier rules (e.g., SHAFT-category content) or any Company brand or conduct policy.
- Honor opt-outs and limits. Do not attempt to contact customers who have opted out, and do not try to evade messaging caps (including the per-conversation message limit) or send outside the Service.
- No impersonation or misuse. Don't impersonate another person, send on an order that isn't yours to thank, or use a record link you weren't sent.
- Your own conduct. You are responsible for what you say to customers and for following your Company's instructions and applicable law.
We and your Company may suspend or remove your access for violations.
5. Your content and how it's used
- You keep your content. You retain ownership of the videos, images, and messages you create ("Your Content").
- Licence. You grant ShipThanks and your Company a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, generate previews (e.g., GIFs) from, and deliver Your Content to the intended customer and to display it to your Company through the Service, as needed to provide the Service.
- Visibility to your Company. Content you create and your activity in the Service belong to the Company's program. Your Company (its admins) can view the thank-yous you send, the conversations you have, and your performance metrics — see Section 6.
- AI and machine learning. Subject to the Privacy Policy and the opt-out described there, the licence above includes the right for ShipThanks to use Your Content and activity data to develop, train, and improve the Service, including its AI/ML features; we de-identify where feasible and do not let our providers use it to train their own general-purpose models.
- Representations. You represent that Your Content is yours to share, doesn't infringe anyone's rights, and complies with Section 4.
6. Your activity is visible to your Company
You acknowledge that the Service is a tool your Company uses to run and measure its program. Your Company can see information about your use, including: the thank-yous you send and when, your conversations with customers, response times, send rates, leaderboards, and whether you have sent videos. We provide this to your Company as part of the Service. How your Company uses it (performance management, etc.) is governed by your relationship with the Company, not by us. See the Privacy Policy for what personal data we process about you and why.
7. Intellectual property
We and our licensors own the Service and all related software, content, and trademarks. You receive only a limited, revocable, non-transferable right to use the Service as a Seller under these Terms. Don't copy, modify, reverse engineer, resell, or build a competing service from it. If you give us feedback, you grant us a perpetual, royalty-free licence to use it.
8. Disclaimers and limitation of liability
- THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We don't guarantee message delivery, uptime, or any earnings or outcome from using the Service.
- No earnings promise. ShipThanks pays you nothing and promises no income, commission, or result. Any compensation comes from your Company, not us.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIPTHANKS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, OR DATA, arising out of or relating to the Service, even if advised of the possibility. The Service is provided to you at no charge — any commercial relationship or compensation is between you and your Company, not ShipThanks — and our total aggregate liability to you for all claims relating to the Service will not exceed US$100.
- Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law (for example, liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence). To that extent, and only to that extent, the limitations above do not apply.
9. Suspension and termination
- You may stop using the Service at any time, and you can ask us or your Company to deactivate your account.
- We or your Company may suspend or terminate your access at any time, including if you violate these Terms or your Company removes you from its program.
- On termination, your right to use the Service ends. Content and records already in the Service (e.g., thank-yous sent, conversation history) remain part of the Company's data and the Company's records, subject to the Privacy Policy and applicable law. Some of your personal data may be retained or anonymized as described there.
10. Changes to these Terms
We may update these Terms. For material changes we'll provide reasonable notice (e.g., in-product or by SMS/email). Continued use after the effective date means you accept the changes; if you don't agree, stop using the Service.
11. General
- Governing law. These Terms are governed by the laws of the State of Utah, USA, without regard to conflict-of-laws rules, with venue in the state and federal courts located in Utah.
- Assignment. You may not assign these Terms; we may assign to an affiliate or successor.
- Entire agreement; severability. These Terms (with the Privacy Policy) are the entire agreement between you and us about the Service. If any part is unenforceable, the rest stays in effect.
- Contact. Questions about these Terms: support@shipthanks.com / legal@shipthanks.com. Questions about your role, pay, or program rules: contact your Company.