Package Delivery Terms of Service

Last updated September 16, 2024

These Package Delivery Terms govern your use of the robot package delivery service (“Package Service”) provided by Starship Technologies, Inc. and/or its parents, subsidiaries, representatives, or affiliates (collectively “Starship”). The Package Service enables you (“Sender”) to send packages and other items (“Items”) to a third party (“Recipient”) using a Starship robot. By using the Package Service, you also agree to be bound by our U.S. Terms of Service (“Terms”) and Privacy Policy. If, and then only to the extent that, the Terms or Privacy Policy are inconsistent with these Package Delivery Terms, the Package Delivery Terms will govern with respect to your use of the Package Service. 

By accessing or using the Package Service, you confirm your agreement to be bound by these Package Delivery Terms. If you do not agree to these terms, you may not access or use the Package Service. Starship may immediately terminate these Package Delivery Terms or the Package Service with respect to you, or generally cease offering or deny access to the Package Service or any portion thereof, at any time for any reason.

 

  1. General
    1. You agree to comply with all applicable laws when using the Package Service, and you may only use the Package Service for lawful purposes. You may not authorize third parties to use your account to use the Package Service. 
    2. You may not in your use of the Package Service cause nuisance, annoyance, inconvenience, or property damage, whether to Starship, the Recipient, or any other party.
  2. Recipient
    1. You represent and warrant that you have the Recipient’s consent to accept receipt of the Item. 
  3. Items
    1. You may not use the Package Service to send or receive any prohibited items (“Prohibited Items”). Prohibited Items include, but are not limited to: illegal items; firearms, weapons, ammunition; alcohol; food or beverages; pharmaceutical products; recreational drugs, drug paraphernalia, or tobacco products; dangerous or hazardous items; animals; money; fragile items; obscene materials; or items with a value in excess of $100. 
    2. Items must fit within the robot and weigh not more than 20 lbs. Packages or containers must be securely sealed. 
    3. Starship reserves the right to inspect the contents of any robot at any time. 
  4. Deliveries
    1. Once initiated and the robot has been loaded, deliveries are non-cancellable by the Sender. Starship reserves the right to cancel a delivery for any reason. 
    2. If the robot is not able to complete the delivery because, for example, the Recipient is not at the delivery location to open the robot and accept delivery, Starship may attempt to contact you in order to arrange for you to pick up the item. You acknowledge and agree that you may be charged additional fees in connection with a delivery failure or a return delivery.
    3. If Starship is not able to return the Item to you, you acknowledge and agree that the Item may be left at the Starship hub, with local law enforcement, disposed of, or otherwise handled at Starship’s discretion. Starship disclaims all liability and responsibility for handling, safekeeping, and/or return of your item. You acknowledge that you may be charged additional fees in connection with the return, redelivery, or disposal of your Item. 
  5. Disclaimers; Limitation of Liability
    1. DISCLAIMER: THE PACKAGE SERVICE IS PROVIDED “AS IS” AND  “AS AVAILABLE.” STARSHIP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, STARSHIP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PACKAGE SERVICE, OR THAT THE PACKAGE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. STARHIP DOES NOT GUARANTEE THE SUITABILITY OR SECURITY OF THE PACKAGE SERVICE, OR THAT ITEMS WILL NOT BE DAMAGED DURING DELIVERY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PACKAGE SERVICE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
    2. LIMITATION OF LIABILITY: 
      1. IN NO EVENT SHALL STARSHIP’S AGGREGATE LIABILITY EXCEED $200 USD. 
      2. STARSHIP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PACKAGE SERVICE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF STARSHIP, EVEN IF STARSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      3. STARSHIP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PACKAGE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE PACKAGE SERVICE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY RECIPIENT, EVEN IF STARSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
      4. YOU ASSUME EXPOSURE TO AND RISK OF ANY LOSS, THEFT, TAMPERING OR DELAY IN YOUR USE OF THE PACKAGE SERVICE. 
    3. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STARSHIP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON STARSHIP’S CHOICE OF LAW PROVISION SET FORTH BELOW.
  6. Indemnity
    1. You agree to indemnify and hold Starship and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) (collectively “Claims”), arising out of or in connection with: (i) your use of the Package Service, including any Claims brought by a Recipient or other third party; (ii) your breach or violation of any of these terms; or (iii) your violation of the rights of any third party, including Recipients.
  7. Other Provisions
    1. Starship may in its sole discretion change these Package Delivery Terms or any aspect of the Package Service at any time without notice to you. To the maximum extent permitted by law, your continued use of the Package Service after the effective date of the revised Package Delivery Terms constitutes your acceptance of the terms. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or the terms
    2. The laws applicable to the interpretation of these Package Delivery Terms shall be the laws of California, without regard to conflict of laws principles. You and Starship agree that the state and federal courts located in the County of San Francisco, California will have exclusive jurisdiction of all disputes arising out of or related to these Package Delivery Terms or the Package Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Starship shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.