Terms of Service

Last updated: January 15, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Flash Americas Inc. ("Flash Americas," "we," "us," or "our") regarding your use of our API services, website, and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

2. Description of Services

Flash Americas provides an API platform that enables developers to:

• Obtain real-time shipping rates from multiple carriers
• Book and manage shipments
• Track packages and deliveries
• Generate shipping labels and documentation
• Access shipping analytics and reporting

3. Account Registration and API Keys

3.1 Account Creation

To use our Services, you must create an account and obtain API keys. You agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Promptly update any changes to your account information
• Be responsible for all activities that occur under your account

3.2 API Key Security

You are solely responsible for:

• Keeping your API keys confidential and secure
• Not sharing API keys with unauthorized parties
• Immediately notifying us of any suspected unauthorized use
• All usage and charges associated with your API keys

4. Acceptable Use

4.1 Permitted Uses

You may use our Services to build and operate shipping applications for legitimate business purposes.

4.2 Prohibited Uses

You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or networks
• Reverse engineer, decompile, or disassemble our Services
• Use the Services to transmit malware, viruses, or harmful code
• Interfere with or disrupt the Services or servers
• Use the Services to compete with Flash Americas
• Scrape or harvest data from our Services without permission
• Share or resell API access without written authorization

5. Usage Limits and Rate Limiting

Your use of the Services is subject to:

• Rate limits based on your subscription plan
• Fair use policies to ensure service availability
• Usage quotas and billing thresholds
• Technical limitations of our infrastructure

We reserve the right to modify usage limits with reasonable notice.

6. Payment Terms

6.1 Subscription Fees

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law.

6.2 Usage-Based Charges

Some services may incur usage-based charges. You will be billed monthly for usage that exceeds your plan limits.

6.3 Payment Processing

You authorize us to charge your designated payment method for all fees. If payment fails, we may suspend your access to the Services.

6.4 Taxes

You are responsible for all applicable taxes, duties, and assessments related to your use of the Services.

7. Data and Privacy

7.1 Customer Data

You retain ownership of any data you submit through our Services ("Customer Data"). You grant us a limited license to process Customer Data solely to provide the Services.

7.2 Data Processing

We process data in accordance with our Privacy Policy and applicable data protection laws. You are responsible for ensuring you have the right to submit any data to our Services.

7.3 Data Security

We implement reasonable security measures to protect your data, but you acknowledge that no system is completely secure.

8. Intellectual Property

8.1 Our Rights

Flash Americas retains all rights, title, and interest in the Services, including all intellectual property rights. These Terms do not grant you any ownership rights in our Services.

8.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about our Services become our property and may be used without compensation.

9. Service Level Agreement

9.1 Availability

We strive to maintain 99.9% uptime for our API services, calculated monthly excluding scheduled maintenance.

9.2 Support

Support is provided based on your subscription plan. Enterprise customers receive priority support with guaranteed response times.

9.3 Scheduled Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may be performed without notice.

10. Disclaimers and Limitations

10.1 Service Availability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Third-Party Services

Our Services integrate with third-party carriers and services. We are not responsible for the performance, availability, or policies of these third parties.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLASH AMERICAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

10.4 Damage Cap

Our total liability for any claims related to these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Flash Americas from any claims, damages, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or data you submit through the Services

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account closure feature.

12.2 Termination by Us

We may suspend or terminate your access to the Services if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent or harmful activities
• Become insolvent or cease operations

12.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your data after a reasonable retention period.

13. Modifications to Terms

We may modify these Terms from time to time. We will provide notice of material changes through:

• Email notification to your account email
• Posting updates on our website
• In-product notifications

Your continued use of the Services after notice constitutes acceptance of the modified Terms.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes shall be resolved in the state or federal courts located in Dallas County, Texas.

14.3 Arbitration

For disputes involving less than $10,000, either party may elect binding arbitration under the rules of the American Arbitration Association.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and Flash Americas.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

15.4 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including natural disasters, war, terrorism, or government actions.

16. Contact Information

For questions about these Terms, please contact us: