Terms of Use
Last Updated Oct 30th, 2026
Welcome to BoxNearby Corp, doing business as (“d/b/a”) BoxNearby and AirboxShip (“BoxNearby,” “we,” “our,” or “us”). We own and operate www.boxnearby.com, AirboxShip.ai, the AirboxShip mobile app for iOS and Android, the BoxNearby AirboxShip Shopify app, and BoxNearby.shop, together with our marketplace integrations and all related content, products, and services (collectively, the “Services”). The terms “you,” “your,” “yours,” and “user” refer to any person or entity that accesses, views, browses, visits, or otherwise uses any part of the Services.
Please carefully read the following terms (“Terms”) before using any part of the Services. By accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms which form a bunding agreement that is effective as if you had signed it. You represent and warrant that you are the age of majority in your jurisdiction (or 18 years of age) and have the requisite power and authority or any and all permissions necessary to enter into and be bound by this agreement. If you are under the age of 18, you may use the Services only with the involvement of a parent or guardian. These Terms may be revised or updated from time to time, as we may change, suspend or discontinue any or all aspects of the Services at any time without prior notice. You are bound by any such revision or update, therefore you should check the Terms regularly for updates. If any revision or update is not acceptable to you, you should discontinue use of and the Services. Each time you access, use or browse the Services, you signify your acceptance of the then-current Terms. If at any time you do not agree to these Terms, please do not access or use the Services.
YOUR ACCESS TO, USE OF AND/OR BROWSING OF THE SERVICES ARE SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE, BOXNEARBY’S PRIVACY POLICY, AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. BOTH YOU AND BOXNEARBY AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION. THIS MEANS YOU AND BOXNEARBY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
1. Use of the Services & Content
The content available through the Services, including, without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of BoxNearby and/or its licensors. You agree not to produce, duplicate, modify, copy, download, transmit, sell, resell or exploit for any commercial purpose, any portion of the Service or Content other than as expressly authorized by BoxNearby in writing. Use of the Services and Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit or create derivative works from any part of the Services or Content unless expressly authorized by BoxNearby in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained in the Services and in the Content.
2. Privacy Policy
(Reserved / Referenced in Notice Regarding Dispute Resolution)
3. Account Registration & Security
To access certain features, you may be required to register or utilize an automatically provisioned account with a username and password.. You must update the personal information you have provided us if it changes. You should protect your account information, including your login ID and password. You are responsible for maintaining the confidentiality of your account information and restricting access to your computer or device, and you agree not to share your account credentials with others. All activities on the Services that occurs under your account are your responsibility; you may use the Services and Content, only for lawful purposes. You must notify us immediately if there is any unauthorized use of account. We (and people authorized by us) may gather and process the information you provide. Your information may be stored and processed in U.S.A. or any other country where BoxNearby (including its affiliates and consultants) has facilities and, by creating an account for Services (or authorize one be created on your behalf), you consent to the transfer of this information outside of U.S.A. Please see our Privacy Policy for more information.
4. Term and Termination
Your account will be effective after you complete the account registration process. Accounts remain active unless we terminate it or by contacting us in writing of your decision to terminate your account (the termination will be effective when we confirm it in writing). Notwithstanding the foregoing, we reserve the right, at any time in our sole discretion, to terminate your account or your use of the Services and Content at any time. You are personally liable for any charges that you incur prior to termination.
Without limiting the generality of the foregoing, BoxNearby reserves the right to immediately suspend or terminate your account without prior notice if you violate any third-party carrier rules or policies, attempt to ship or tender Prohibited Items, provide repeatedly fraudulent or inaccurate package data, or engage in repeated non-compliance with third-party carrier guidelines. Upon suspension or termination, BoxNearby may immediately freeze your account balance and hold funds pursuant to Section 5 to offset any unresolved carrier adjustments, fines, or fees. You remain personally liable for any charges, carrier adjustments, penalties, or obligations incurred prior to or as a result of such termination or suspension.
5. Fees and Payments
You agree to pay the fees and charges incurred in connection with your account for any purchases through the Services (including applicable taxes, shipping fees, and carrier adjustments) at the rates in effect when you complete the transaction. All charges are automatically billed to your designated payment method.
Carrier Adjustment Disputes: If you believe a carrier adjustment, surcharge, or fee was assessed in error, you must notify BoxNearby in writing within thirty (30) calendar days from the date the adjustment or fee was billed to your account or payment method. To initiate a dispute, you must submit a written request to support@boxnearby.com accompanied by supporting documentation, which may include original weight/dimension receipts from the carrier drop-off location, photos of the packaged item with visible measurements, and proof of shipping labels.
BoxNearby will review the documentation and submit a formal dispute or appeal to the applicable carrier on your behalf. You acknowledge and agree that:
BoxNearby serves solely as a facilitator in submitting carrier disputes and does not guarantee that any carrier will reverse or refund an adjustment;
The decision made by the carrier regarding any audit, weight, dimension, or surcharge dispute is final and binding;
Any adjustment or fee not disputed within the thirty (30) calendar day period is deemed accepted, final, and non-refundable, and you waive any right to contest or claim a refund for such charge thereafter.
Withholding and Reserve Rights Upon Suspension or Termination: If your account is suspended, restricted, or terminated—or if BoxNearby reasonably suspects fraudulent activity, repeated carrier rule violations, or pending carrier adjustments/fines—BoxNearby reserves the right to freeze, withhold, or place a reserve on any available balance in your account. BoxNearby may hold such funds for up to one hundred eighty (180) days (or longer if required by a carrier audit or legal proceeding) to cover, offset, or satisfy any pending or potential carrier fees, postage adjustments, fines, chargebacks, or indemnification obligations. Any remaining funds following the settlement of all outstanding liabilities will be released to your primary payment method or original source of payment.
Unless stated otherwise in writing, all fees and purchases are non-refundable. We reserve the right to change our pricing or add new fees at any time.
6. Rate and Shipping Information Disclaimer
Shipping and carrier rates published on the Services are subject to change without prior notice. BoxNearby does not guarantee the accuracy, completeness or timeliness of third-party carrier rate information; and your use or reliance on any such rate information is at your “own risk”.
You acknowledge and agree that published rates are estimates based on the information you provide during shipment creation, and final shipping charges may vary based on carrier audits, actual package dimensions and weight, delivery address validations, and applicable carrier surcharges. You remain fully liable for any price discrepancies, rate adjustments, or post-shipment surcharges billed by carriers. References to third-party products or services are for informational purposes only and do not constitute an endorsement.
7. Mailable Goods and Prohibited Items
Compliance with Laws and Carrier Rules: It is your responsibility to ensure that items shipped or routed through BoxNearby smart hubs or carrier networks are legally mailable and fully compliant with all applicable laws and carrier operating rules. By purchasing shipping labels or tendering packages through the Services, you acknowledge and agree to abide by the applicable carrier’s terms, conditions, tariffs, and operating rules. You are solely responsible and liable for any penalties, fines, or losses arising from shipments that violate carrier rules, policies, or restrictions. You must review the applicable carrier’s restrictions prior to initiating a shipment.
Account Enforcement & Immediate Suspension: BoxNearby strictly enforces carrier compliance and safety policies. Any attempt or instance of tendering, shipping, or creating labels for Prohibited Items, or repeated violations of carrier shipping rules, tariffs, or package guidelines, will result in immediate suspension or permanent termination of your BoxNearby account without prior notice. BoxNearby further reserves the right to report non-compliant or illegal shipments to the appropriate law enforcement authorities and third-party carriers.
Non-mailable Goods / Prohibited Items include, but are not limited to:
Explosives or explosive devices.
Pyrophoric, flammable, or combustible liquids with a closed cup flash point below 200°F.
Flammable solids, including matches.
Oxidizers, corrosives (liquid or solid) and compressed gases. (Flammable and non-flammable with an absolute pressure exceeding 40 psi at 70°F or 104 psi at 130°F).
Poisons, irritants, controlled substances, and drug paraphernalia.
Magnetized material with a magnetic field strength of .002 gauss or more at a distance of 7 feet.
Dry ice (carbon dioxide solid).
8. Refunds on Carrier Fees
USPS, UPS and FedEx shipping labels created through our platform may be refunded if requested within 48 hours of label creation, subject to a standard processing period (typically 15-20 days) before funds return to your BoxNearby account balance. Refunds are provided, only if the shipment has not been scanned by the carrier, or included on the carrier’s scan form
9. Shipping Insurance & Carrier Issues
Users may purchase optional package insurance coverage up to $500 in indemnity coverage per package to protect against loss or damage during transit are based on the item’s declared value. Currently we do not support this and we will support this in next release.
Issues regarding delayed, lost or damaged packages must be directed to designated carrier (USPS, UPS, FedEx). BoxNearby is not liable for carrier performance or any packages not tendered to a Carrier.
10. Smart Hub & Locker Pick-Up Policies
BoxNearby communicates notifications primarily via email, SMS/text messages, and mobile app push notifications.
Notification Fees: You are responsible for any standard messaging or data charges incurred from your mobile carrier for notifications sent to or from BoxNearby.
Perishable Items: Users must pick up perishable items from BoxNearby or partner locker facilities during designated hours on the scheduled delivery date, and no later than 12:00 PM PST on the day following delivery (the "grace period"). Items not retrieved by the end of the grace period may be disposed of or donated.
Non-Perishable Items: Non-perishable items not retrieved within the grace period will incur holding fees (as set by network operator) for up to two additional calendar days, after which the package will be returned to sender unless an extended hold has been requested and paid for.
Liability Disclaimer: BoxNearby is not responsible for spoiled, damaged, lost, or stolen items. All claims are to be directed to the carrier.
11. Third-Party Websites, Marketplace Integrations & Services
The Services integrate with and contain links to third-party platforms, applications, and carriers (including Shopify, WooCommerce, BigCommerce, USPS, UPS, and FedEx).
Linked sites and third-party apps are not under BoxNearby's control, and we are not responsible for their content, performance, or data practices.
Compliance with Third-Party & Carrier Terms: Your use of third-party platforms, marketplace integrations, or carrier services is governed by their respective terms of use, shipping regulations, tariffs, and privacy policies. You agree that you are bound by such third-party and carrier terms and are solely responsible for any violations, penalties, fees, or consequences resulting from your failure to comply with their rules.
You agree that BoxNearby is not responsible or liable, directly or indirectly, for any loss, damage, or claim caused by or in connection with your use of or reliance on any third-party app, service, or platform provider.
12. Intellectual Property
You acknowledge and agree that all right, title, and interest in and to the Services, Content, mobile apps, software and underlying technologies- including patents, copyrights, trademarks, trade secrets, inventions, know-how, domain names and all other intellectual property rights are owned exclusively by BoxNearby or its licensors, are valid and enforceable, and are protected by United States and international intellectual property laws and other applicable laws.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOXNEARBY CORP, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONSULTANTS (COLLECTIVELY, THE “BOXNEARBY PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, CONTENT, MOBILE APPS, OR SMART HUB LOCKERS.
IN NO EVENT SHALL BOXNEARBY OR ANY OF ITS LICENSORS, SUPPLIERS OR BOXNEARBY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF the BOXNEARBY Parties ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR SERVICES SHALL NOT EXCEED FIFTY US DOLLARS (US$50.00) PLUS THE PACKAGE INSURANCE DIRECTLY PURCHASED FROM BOXNEARBY. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF ANY DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND YOU WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE BOXNEARBY PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICES.
14. Warranty Disclaimer
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES CONTENT, MOBILE APPS, AND SMART HUB LOCKERS ARE PROVIDED TO YOU ON AN "AS-IS", “WITH ALL FAULTS” AND “AS AVAILABLE" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT THE SERVICES ARE FREE FROM ERRORS OR OMISSIONS, OPERATE ON A CONTINUOUS AND UNINTERRUPTED BASIS, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES CONTAINED THEREIN IS AT YOUR OWN RISK.
15. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BOXNEARBY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR RELATED TO
YOUR USE OF OR CONNECTION TO THE SERVICES, WEBSITES, MOBILE APPS, OR SMART HUB LOCKERS;
YOUR USE OF ANY THIRD-PARTY MARKETPLACE INTEGRATION, PLATFORM, OR SERVICE (E.G., SHOPIFY, WOOCOMMERCE);
YOUR VIOLATION OF ANY THIRD-PARTY CARRIER RULES, TARIFFS, OPERATING GUIDELINES, TERMS OF SERVICE, OR SHIPPING RESTRICTIONS (INCLUDING, WITHOUT LIMITATION, USPS, UPS, AND FEDEX RULES);
ANY FINES, PENALTIES, SURCHARGES, OR LEGAL CLAIMS ASSESSED AGAINST OR INVERTED UPON BOXNEARBY BY ANY CARRIER, GOVERNMENTAL BODY, OR REGULATORY AUTHORITY DUE TO YOUR PROVISION OF INACCURATE OR INCOMPLETE SHIPMENT DATA, IMPROPER OR NON-COMPLIANT PACKAGING, OR ATTEMPTED OR COMPLETED SHIPMENT OF PROHIBITED OR DANGEROUS GOODS;
YOUR VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAWS; OR
YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
16. Governing Law and Binding Arbitration
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A. without regard to conflicts of laws principles. You agree that any dispute between you and BoxNearby arising out of or relating to these Terms, the Privacy Policy, the Services or their Content will be decided only by binding arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against BoxNearby. Any arbitration will be administered by the American Arbitration Association and will take place in Santa Clara County, California, U.S.A. User and BoxNearby are each waving the right to a jury trial and to participate in a class action.
17. Force Majeure
BoxNearby shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
18. Miscellaneous
These Terms and the Privacy Policy set forth the entire understanding and agreement between you and BoxNearby with respect to the subject matter hereof. You may not assign your rights or obligations under these Terms to third parties. If any part of these Terms is unenforceable the remainder will not be affected. A waiver of any of these Terms will only be effective if it is in writing and signed by us.
19. Contact Information
If you have questions regarding these Terms of Use, please contact us at:
BoxNearby Corp.
160 E Tasman Dr, Suite 108
San Jose, CA 95134, US
Email: support@boxnearby.com
Website: www.boxnearby.com
Continue to Privacy Policy, please click HERE
Terms of Use
Last Updated Oct 30th, 2026
Welcome to BoxNearby Corp, doing business as (“d/b/a”) BoxNearby and AirboxShip (“BoxNearby,” “we,” “our,” or “us”). We own and operate www.boxnearby.com, AirboxShip.ai, the AirboxShip mobile app for iOS and Android, the BoxNearby AirboxShip Shopify app, and BoxNearby.shop, together with our marketplace integrations and all related content, products, and services (collectively, the “Services”). The terms “you,” “your,” “yours,” and “user” refer to any person or entity that accesses, views, browses, visits, or otherwise uses any part of the Services.
Please carefully read the following terms (“Terms”) before using any part of the Services. By accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms which form a bunding agreement that is effective as if you had signed it. You represent and warrant that you are the age of majority in your jurisdiction (or 18 years of age) and have the requisite power and authority or any and all permissions necessary to enter into and be bound by this agreement. If you are under the age of 18, you may use the Services only with the involvement of a parent or guardian. These Terms may be revised or updated from time to time, as we may change, suspend or discontinue any or all aspects of the Services at any time without prior notice. You are bound by any such revision or update, therefore you should check the Terms regularly for updates. If any revision or update is not acceptable to you, you should discontinue use of and the Services. Each time you access, use or browse the Services, you signify your acceptance of the then-current Terms. If at any time you do not agree to these Terms, please do not access or use the Services.
YOUR ACCESS TO, USE OF AND/OR BROWSING OF THE SERVICES ARE SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE, BOXNEARBY’S PRIVACY POLICY, AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. BOTH YOU AND BOXNEARBY AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION. THIS MEANS YOU AND BOXNEARBY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
1. Use of the Services & Content
The content available through the Services, including, without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of BoxNearby and/or its licensors. You agree not to produce, duplicate, modify, copy, download, transmit, sell, resell or exploit for any commercial purpose, any portion of the Service or Content other than as expressly authorized by BoxNearby in writing. Use of the Services and Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit or create derivative works from any part of the Services or Content unless expressly authorized by BoxNearby in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained in the Services and in the Content.
2. Privacy Policy
(Reserved / Referenced in Notice Regarding Dispute Resolution)
3. Account Registration & Security
To access certain features, you may be required to register or utilize an automatically provisioned account with a username and password.. You must update the personal information you have provided us if it changes. You should protect your account information, including your login ID and password. You are responsible for maintaining the confidentiality of your account information and restricting access to your computer or device, and you agree not to share your account credentials with others. All activities on the Services that occurs under your account are your responsibility; you may use the Services and Content, only for lawful purposes. You must notify us immediately if there is any unauthorized use of account. We (and people authorized by us) may gather and process the information you provide. Your information may be stored and processed in U.S.A. or any other country where BoxNearby (including its affiliates and consultants) has facilities and, by creating an account for Services (or authorize one be created on your behalf), you consent to the transfer of this information outside of U.S.A. Please see our Privacy Policy for more information.
4. Term and Termination
Your account will be effective after you complete the account registration process. Accounts remain active unless we terminate it or by contacting us in writing of your decision to terminate your account (the termination will be effective when we confirm it in writing). Notwithstanding the foregoing, we reserve the right, at any time in our sole discretion, to terminate your account or your use of the Services and Content at any time. You are personally liable for any charges that you incur prior to termination.
Without limiting the generality of the foregoing, BoxNearby reserves the right to immediately suspend or terminate your account without prior notice if you violate any third-party carrier rules or policies, attempt to ship or tender Prohibited Items, provide repeatedly fraudulent or inaccurate package data, or engage in repeated non-compliance with third-party carrier guidelines. Upon suspension or termination, BoxNearby may immediately freeze your account balance and hold funds pursuant to Section 5 to offset any unresolved carrier adjustments, fines, or fees. You remain personally liable for any charges, carrier adjustments, penalties, or obligations incurred prior to or as a result of such termination or suspension.
5. Fees and Payments
You agree to pay the fees and charges incurred in connection with your account for any purchases through the Services (including applicable taxes, shipping fees, and carrier adjustments) at the rates in effect when you complete the transaction. All charges are automatically billed to your designated payment method.
Carrier Adjustment Disputes: If you believe a carrier adjustment, surcharge, or fee was assessed in error, you must notify BoxNearby in writing within thirty (30) calendar days from the date the adjustment or fee was billed to your account or payment method. To initiate a dispute, you must submit a written request to support@boxnearby.com accompanied by supporting documentation, which may include original weight/dimension receipts from the carrier drop-off location, photos of the packaged item with visible measurements, and proof of shipping labels.
BoxNearby will review the documentation and submit a formal dispute or appeal to the applicable carrier on your behalf. You acknowledge and agree that:
BoxNearby serves solely as a facilitator in submitting carrier disputes and does not guarantee that any carrier will reverse or refund an adjustment;
The decision made by the carrier regarding any audit, weight, dimension, or surcharge dispute is final and binding;
Any adjustment or fee not disputed within the thirty (30) calendar day period is deemed accepted, final, and non-refundable, and you waive any right to contest or claim a refund for such charge thereafter.
Withholding and Reserve Rights Upon Suspension or Termination: If your account is suspended, restricted, or terminated—or if BoxNearby reasonably suspects fraudulent activity, repeated carrier rule violations, or pending carrier adjustments/fines—BoxNearby reserves the right to freeze, withhold, or place a reserve on any available balance in your account. BoxNearby may hold such funds for up to one hundred eighty (180) days (or longer if required by a carrier audit or legal proceeding) to cover, offset, or satisfy any pending or potential carrier fees, postage adjustments, fines, chargebacks, or indemnification obligations. Any remaining funds following the settlement of all outstanding liabilities will be released to your primary payment method or original source of payment.
Unless stated otherwise in writing, all fees and purchases are non-refundable. We reserve the right to change our pricing or add new fees at any time.
6. Rate and Shipping Information Disclaimer
Shipping and carrier rates published on the Services are subject to change without prior notice. BoxNearby does not guarantee the accuracy, completeness or timeliness of third-party carrier rate information; and your use or reliance on any such rate information is at your “own risk”.
You acknowledge and agree that published rates are estimates based on the information you provide during shipment creation, and final shipping charges may vary based on carrier audits, actual package dimensions and weight, delivery address validations, and applicable carrier surcharges. You remain fully liable for any price discrepancies, rate adjustments, or post-shipment surcharges billed by carriers. References to third-party products or services are for informational purposes only and do not constitute an endorsement.
7. Mailable Goods and Prohibited Items
Compliance with Laws and Carrier Rules: It is your responsibility to ensure that items shipped or routed through BoxNearby smart hubs or carrier networks are legally mailable and fully compliant with all applicable laws and carrier operating rules. By purchasing shipping labels or tendering packages through the Services, you acknowledge and agree to abide by the applicable carrier’s terms, conditions, tariffs, and operating rules. You are solely responsible and liable for any penalties, fines, or losses arising from shipments that violate carrier rules, policies, or restrictions. You must review the applicable carrier’s restrictions prior to initiating a shipment.
Account Enforcement & Immediate Suspension: BoxNearby strictly enforces carrier compliance and safety policies. Any attempt or instance of tendering, shipping, or creating labels for Prohibited Items, or repeated violations of carrier shipping rules, tariffs, or package guidelines, will result in immediate suspension or permanent termination of your BoxNearby account without prior notice. BoxNearby further reserves the right to report non-compliant or illegal shipments to the appropriate law enforcement authorities and third-party carriers.
Non-mailable Goods / Prohibited Items include, but are not limited to:
Explosives or explosive devices.
Pyrophoric, flammable, or combustible liquids with a closed cup flash point below 200°F.
Flammable solids, including matches.
Oxidizers, corrosives (liquid or solid) and compressed gases. (Flammable and non-flammable with an absolute pressure exceeding 40 psi at 70°F or 104 psi at 130°F).
Poisons, irritants, controlled substances, and drug paraphernalia.
Magnetized material with a magnetic field strength of .002 gauss or more at a distance of 7 feet.
Dry ice (carbon dioxide solid).
8. Refunds on Carrier Fees
USPS, UPS and FedEx shipping labels created through our platform may be refunded if requested within 48 hours of label creation, subject to a standard processing period (typically 15-20 days) before funds return to your BoxNearby account balance. Refunds are provided, only if the shipment has not been scanned by the carrier, or included on the carrier’s scan form
9. Shipping Insurance & Carrier Issues
Users may purchase optional package insurance coverage up to $500 in indemnity coverage per package to protect against loss or damage during transit are based on the item’s declared value. Currently we do not support this and we will support this in next release.
Issues regarding delayed, lost or damaged packages must be directed to designated carrier (USPS, UPS, FedEx). BoxNearby is not liable for carrier performance or any packages not tendered to a Carrier.
10. Smart Hub & Locker Pick-Up Policies
BoxNearby communicates notifications primarily via email, SMS/text messages, and mobile app push notifications.
Notification Fees: You are responsible for any standard messaging or data charges incurred from your mobile carrier for notifications sent to or from BoxNearby.
Perishable Items: Users must pick up perishable items from BoxNearby or partner locker facilities during designated hours on the scheduled delivery date, and no later than 12:00 PM PST on the day following delivery (the "grace period"). Items not retrieved by the end of the grace period may be disposed of or donated.
Non-Perishable Items: Non-perishable items not retrieved within the grace period will incur holding fees (as set by network operator) for up to two additional calendar days, after which the package will be returned to sender unless an extended hold has been requested and paid for.
Liability Disclaimer: BoxNearby is not responsible for spoiled, damaged, lost, or stolen items. All claims are to be directed to the carrier.
11. Third-Party Websites, Marketplace Integrations & Services
The Services integrate with and contain links to third-party platforms, applications, and carriers (including Shopify, WooCommerce, BigCommerce, USPS, UPS, and FedEx).
Linked sites and third-party apps are not under BoxNearby's control, and we are not responsible for their content, performance, or data practices.
Compliance with Third-Party & Carrier Terms: Your use of third-party platforms, marketplace integrations, or carrier services is governed by their respective terms of use, shipping regulations, tariffs, and privacy policies. You agree that you are bound by such third-party and carrier terms and are solely responsible for any violations, penalties, fees, or consequences resulting from your failure to comply with their rules.
You agree that BoxNearby is not responsible or liable, directly or indirectly, for any loss, damage, or claim caused by or in connection with your use of or reliance on any third-party app, service, or platform provider.
12. Intellectual Property
You acknowledge and agree that all right, title, and interest in and to the Services, Content, mobile apps, software and underlying technologies- including patents, copyrights, trademarks, trade secrets, inventions, know-how, domain names and all other intellectual property rights are owned exclusively by BoxNearby or its licensors, are valid and enforceable, and are protected by United States and international intellectual property laws and other applicable laws.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOXNEARBY CORP, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONSULTANTS (COLLECTIVELY, THE “BOXNEARBY PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, CONTENT, MOBILE APPS, OR SMART HUB LOCKERS.
IN NO EVENT SHALL BOXNEARBY OR ANY OF ITS LICENSORS, SUPPLIERS OR BOXNEARBY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF the BOXNEARBY Parties ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR SERVICES SHALL NOT EXCEED FIFTY US DOLLARS (US$50.00) PLUS THE PACKAGE INSURANCE DIRECTLY PURCHASED FROM BOXNEARBY. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF ANY DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND YOU WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE BOXNEARBY PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICES.
14. Warranty Disclaimer
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES CONTENT, MOBILE APPS, AND SMART HUB LOCKERS ARE PROVIDED TO YOU ON AN "AS-IS", “WITH ALL FAULTS” AND “AS AVAILABLE" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT THE SERVICES ARE FREE FROM ERRORS OR OMISSIONS, OPERATE ON A CONTINUOUS AND UNINTERRUPTED BASIS, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES CONTAINED THEREIN IS AT YOUR OWN RISK.
15. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BOXNEARBY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR RELATED TO
YOUR USE OF OR CONNECTION TO THE SERVICES, WEBSITES, MOBILE APPS, OR SMART HUB LOCKERS;
YOUR USE OF ANY THIRD-PARTY MARKETPLACE INTEGRATION, PLATFORM, OR SERVICE (E.G., SHOPIFY, WOOCOMMERCE);
YOUR VIOLATION OF ANY THIRD-PARTY CARRIER RULES, TARIFFS, OPERATING GUIDELINES, TERMS OF SERVICE, OR SHIPPING RESTRICTIONS (INCLUDING, WITHOUT LIMITATION, USPS, UPS, AND FEDEX RULES);
ANY FINES, PENALTIES, SURCHARGES, OR LEGAL CLAIMS ASSESSED AGAINST OR INVERTED UPON BOXNEARBY BY ANY CARRIER, GOVERNMENTAL BODY, OR REGULATORY AUTHORITY DUE TO YOUR PROVISION OF INACCURATE OR INCOMPLETE SHIPMENT DATA, IMPROPER OR NON-COMPLIANT PACKAGING, OR ATTEMPTED OR COMPLETED SHIPMENT OF PROHIBITED OR DANGEROUS GOODS;
YOUR VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAWS; OR
YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
16. Governing Law and Binding Arbitration
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A. without regard to conflicts of laws principles. You agree that any dispute between you and BoxNearby arising out of or relating to these Terms, the Privacy Policy, the Services or their Content will be decided only by binding arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against BoxNearby. Any arbitration will be administered by the American Arbitration Association and will take place in Santa Clara County, California, U.S.A. User and BoxNearby are each waving the right to a jury trial and to participate in a class action.
17. Force Majeure
BoxNearby shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
18. Miscellaneous
These Terms and the Privacy Policy set forth the entire understanding and agreement between you and BoxNearby with respect to the subject matter hereof. You may not assign your rights or obligations under these Terms to third parties. If any part of these Terms is unenforceable the remainder will not be affected. A waiver of any of these Terms will only be effective if it is in writing and signed by us.
19. Contact Information
If you have questions regarding these Terms of Use, please contact us at:
BoxNearby Corp.
160 E Tasman Dr, Suite 108
San Jose, CA 95134, US
Email: support@boxnearby.com
Website: www.boxnearby.com
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