Terms of Service

1. Acceptance of Terms

ShipToVerified is a product and service of Pitcher Properties LLC, doing business as Pitcher & Company ("Pitcher & Company," "we," "our," or "us"). By accessing or using ShipToVerified's services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms apply to all users, including merchants and their customers undergoing identity verification. Your continued use of the Services following any modifications to these Terms constitutes acceptance of those modifications.

2. Definitions

The following terms have specific meanings throughout these Terms:

• "Visual Inspection" means the AI-assisted analysis of customer-submitted identity document images to extract and compare information, analogous to the visual examination a trained human clerk would perform at the point of sale.
• "Verification" means the process of analyzing a submitted identity document image and comparing extracted information against merchant-provided customer data.
• "Confidence Score" means a numerical indicator (expressed as a percentage or decimal) representing the degree of similarity or match between extracted document data and provided customer information. Confidence Scores are probabilistic assessments, not guarantees of accuracy.
• "Customer Memory" means our feature that references prior successful verification records for returning customers, enabling streamlined re-verification based on stored verification history.
• "Merchant" means any business entity or individual that subscribes to and uses our Services to verify customer identities.
• "Customer" means any individual who submits identity documents through our verification widget at a Merchant's request.
• "Verification Result" means the output of our Visual Inspection process, including extracted data, Confidence Scores, match determinations, and any associated metadata.

3. Description of Services

ShipToVerified provides AI-assisted Visual Inspection of customer-submitted identity documents. Our service analyzes document images to extract and compare information, similar to the visual inspection a trained human clerk would perform at the point of sale. Our Services include:

• Identity document image analysis and data extraction
• Age verification based on extracted date of birth
• Name and address matching using Confidence Scores
• Customer Memory for streamlined returning customer verification
• Compliance workflow tools and merchant dashboards

4. Nature of Verification Services

Understanding the nature and limitations of our Services is essential:

Visual Inspection Standard

Our AI-assisted Visual Inspection is designed to replicate and enhance the type of identity document review that a trained human clerk performs. Just as a human clerk examines an ID card to check for obvious signs of tampering, verify the photo reasonably matches the presenter, and confirm the date of birth indicates legal age, our AI performs similar assessments on document images. This standard is consistent with "reasonable inspection" requirements in most state alcohol, tobacco, and age-restricted product regulations.

Customer Memory Feature

For returning customers, our Customer Memory feature references prior successful verification records stored in our systems. This is a lookup of our own stored verification history—the record of a previous Visual Inspection—not a new query to external databases or government sources.

What We Do Not Provide

• We do not verify documents against government-issued databases
• We do not confirm the absolute authenticity of any identity document
• We do not guarantee that documents are not sophisticated forgeries
• We do not perform physical inspection of documents
• We do not provide legal advice or compliance certifications
• We do not guarantee regulatory compliance for any Merchant

5. Merchant Accounts

To use our Services as a Merchant, you must:

• Create an account with accurate and complete information
• Maintain the security and confidentiality of your account credentials
• Be at least 18 years old or the age of majority in your jurisdiction
• Have the legal authority to bind your business to these Terms
• Comply with all applicable laws and regulations in your jurisdiction
• Promptly notify us of any unauthorized access to your account

6. Merchant Compliance Obligations

Merchants acknowledge and agree that:

• Exclusive Responsibility: Merchants bear exclusive and sole responsibility for all compliance decisions, including whether to complete any transaction
• Advisory Results: Verification Results are advisory only and do not constitute legal advice, compliance certification, or a guarantee of lawful sale
• Independent Judgment: Merchants must apply their own judgment to all transactions and may not rely solely on Verification Results
• No Liability Transfer: Merchants may not transfer, assign, or delegate compliance liability to ShipToVerified under any circumstances
• Legal Counsel: Merchants should consult with qualified legal counsel regarding compliance requirements in their industry and jurisdiction
• Layered Verification: For high-risk transactions, Merchants should implement additional verification measures beyond our Services

ShipToVerified expressly disclaims all liability for Merchant compliance failures, regulatory violations, or any consequences arising from Merchant decisions to complete or decline transactions based on Verification Results.

7. Customer Verification

Customers using our verification widget agree to:

• Provide accurate and authentic identification documents
• Submit only their own identity documents, not those belonging to others
• Consent to processing of their information for verification purposes
• Acknowledge that Verification Results will be shared with the requesting Merchant
• Understand that document images are processed by AI systems
• Accept that verification decisions are made by the Merchant, not ShipToVerified

8. Acceptable Use

You agree not to:

• Use the Services for any illegal purpose or in violation of any applicable laws
• Submit fraudulent, forged, stolen, or altered documents
• Attempt to circumvent, disable, or interfere with security measures
• Interfere with the proper functioning of the Services
• Reverse engineer, decompile, or attempt to extract source code
• Use the Services to discriminate against any person in violation of law
• Resell, sublicense, or redistribute the Services without authorization
• Use the Services to collect data for purposes unrelated to identity verification
• Attempt to test document forgery detection capabilities

9. Fees and Payment

Merchants agree to pay all fees associated with their subscription plan. Fees are billed monthly in advance based on your selected plan and usage. All payments are non-refundable except as expressly stated in writing. We reserve the right to change pricing with 30 days' notice. Failure to pay may result in immediate suspension or termination of Services. Merchants are responsible for all applicable taxes.

10. Intellectual Property

All content, features, functionality, software, algorithms, and technology of the Services are owned by ShipToVerified and are protected by copyright, trademark, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our express written permission. The ShipToVerified name, logo, and all related names, logos, and slogans are trademarks of ShipToVerified.

11. Third-Party Services and Dependencies

Our Services rely on third-party service providers, including but not limited to cloud infrastructure providers (Microsoft Azure), AI and machine learning services, and payment processors. You acknowledge that:

• Service availability depends on third-party providers beyond our control
• Third-party service outages may affect our Services
• AI service accuracy may vary based on underlying model capabilities
• We are not liable for failures, errors, or outages of third-party services
• Third-party services are subject to their own terms and privacy policies

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, SHIPTOVERIFIED DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) VERIFICATION RESULTS WILL BE ACCURATE, COMPLETE, OR RELIABLE; (C) ANY ERRORS WILL BE CORRECTED; (D) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (E) THE SERVICES WILL DETECT ALL FRAUDULENT, FORGED, OR ALTERED DOCUMENTS.

13. Verification Result Disclaimers

You expressly acknowledge and agree that:

• Verification Results are based on AI analysis of document images and are inherently probabilistic
• Confidence Scores indicate likelihood, not certainty, of accurate matching
• Document quality, lighting, resolution, and image clarity directly affect accuracy
• Sophisticated document forgeries may not be detectable through Visual Inspection
• No verification technology can guarantee 100% accuracy
• Verification Results should be one factor among many in compliance decisions
• A "verified" result does not guarantee the document is authentic or that the transaction is lawful
• A "not verified" result does not necessarily indicate fraud or that a transaction should be declined

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHIPTOVERIFIED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF SHIPTOVERIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT PAID BY YOU TO SHIPTOVERIFIED IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE THOUSAND DOLLARS ($1,000 USD).

15. Exclusion of Specific Damages

Without limiting the general limitation of liability above, ShipToVerified shall have no liability whatsoever for:

• Regulatory fines, penalties, sanctions, or enforcement actions imposed on Merchants
• Criminal charges, prosecution, investigation costs, or defense expenses
• License revocations, suspensions, denials, or permit-related consequences
• Claims by Customers, their parents, guardians, or any third parties
• Damages arising from sales to minors, underage persons, or restricted individuals
• Damages arising from sales to persons using fraudulent or stolen identity documents
• Any harm, injury, or damage resulting from reliance on Verification Results
• Consequences of Merchant decisions to complete or decline any transaction
• Loss of business, customers, reputation, or market position
• Costs of implementing alternative verification solutions

16. Indemnification

You agree to indemnify, defend, and hold harmless ShipToVerified, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, settlements, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and expert witness fees) arising out of or relating to:

• Your use of the Services or any Verification Results
• Your violation of these Terms or any applicable law or regulation
• Your compliance decisions or failure to comply with applicable laws
• Any transaction you complete or decline based in whole or part on Verification Results
• Claims by Customers, their guardians, or third parties regarding verification outcomes
• Regulatory investigations, audits, or enforcement actions against you
• Any allegation that your use of the Services infringes any third-party rights
• Your breach of any representation or warranty in these Terms

This indemnification obligation includes the duty to defend, which means you must provide legal defense at your expense using counsel reasonably acceptable to ShipToVerified. ShipToVerified reserves the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. This indemnification obligation shall survive termination of these Terms.

17. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and ShipToVerified agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be resolved through binding individual arbitration rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

Arbitration Rules: Arbitration will be conducted by JAMS under its Comprehensive Arbitration Rules and Procedures, or by another mutually agreed arbitration provider. The arbitration will be held in Los Angeles County, California, or at another mutually agreed location. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@shiptoverified.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

18. Class Action Waiver

Unless both you and ShipToVerified agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, consolidated, or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement shall be null and void, and the Dispute shall be decided by a court.

19. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination:

• Your right to use the Services will cease immediately
• You must cease all use of the Services and any ShipToVerified intellectual property
• We may delete your account and associated data, subject to legal retention requirements
• You remain liable for all fees incurred prior to termination
• All provisions that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, limitation of liability, and dispute resolution provisions

20. Force Majeure

ShipToVerified shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: acts of God; natural disasters; war, terrorism, or civil unrest; labor disputes; government actions or regulations; failure of third-party services, including cloud providers or AI services; internet or telecommunications failures; power outages; cyberattacks; pandemics or public health emergencies; or any other event that could not have been reasonably foreseen or prevented. During any such event, our obligations shall be suspended for the duration of the event.

21. General Provisions

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and ShipToVerified regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

No Third-Party Beneficiaries

These Terms are for the benefit of you and ShipToVerified only. There are no third-party beneficiaries to these Terms. Customers of Merchants do not have any rights to enforce any provision of these Terms against ShipToVerified.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. ShipToVerified may assign these Terms without restriction. Any attempted assignment in violation of this provision shall be null and void.

Waiver

The failure of ShipToVerified to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of ShipToVerified.

Electronic Communications

By using the Services, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to the arbitration agreement above, any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Los Angeles County, California. You consent to personal jurisdiction and venue in such courts.

23. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. For material changes, we may also notify you by email to the address associated with your account. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

24. Contact Information

For questions about these Terms, please contact us at:

ShipToVerified is a product of Pitcher Properties LLC, doing business as Pitcher & Company. Billing charges will appear on your statement as "PITCHER & CO" or "PITCHERCO".