Terms of Service

By accessing or using the WeTalkShip website (the "Site"), platform, dashboard, APIs, or any related services (collectively, the "Services"), you agree to comply with and be bound by these Terms, our Privacy Policy, and any additional terms, guidelines, or rules referenced herein. These Terms apply to all visitors, users, clients, and any other persons who access or use the Services.

If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not have such authority, you must not accept these Terms or use the Services.

WeTalkShip provides a comprehensive shipping operations platform under the brand name "Protected Fulfillment™." Our Services include, but are not limited to:

• Shipment Protection: Automatic coverage for lost, stolen, or damaged shipments at no additional cost to the brand or the end consumer.
• Carrier Rate Auditing: Line-by-line review of carrier invoices to identify and recover overcharges, including DIM weight discrepancies, invalid surcharges, and late delivery refund eligibility.
• 3PL Accountability Auditing: Review and verification of third-party logistics provider billing against actual shipment data, including pick-and-pack accuracy, storage charges, and service-level agreement (SLA) compliance.
• Carrier Rate Optimization: Leveraging network volume to negotiate competitive carrier rates on behalf of enrolled brands.
• Consumer Incentive Program: A loyalty mechanism through which protected shoppers may earn incentives applicable toward future purchases from participating brands.
• 3PL Certification Program: A certification and performance benchmarking program for third-party logistics providers within the WeTalkShip network.
• Claims Management: A platform for filing, tracking, and resolving shipment protection claims.
• Dashboard & Reporting: Access to a brand dashboard with shipment summaries, claims data, audit results, and performance analytics.

Protected Fulfillment™ provides automatic shipment protection for enrolled brands. The following terms govern the protection service:

3.1 Coverage Scope

Protection covers shipments that are confirmed lost, stolen, or damaged during transit. Coverage applies to the full cart value of the protected order, subject to the terms of your service agreement. Protection is included as part of the WeTalkShip service — it is not a separate line item at checkout and is not charged to the end consumer.

3.2 Eligibility

Not all shipments or order types may qualify for protection. Eligibility is determined based on factors including, but not limited to: carrier used, destination, product type, declared value, and compliance with packaging requirements. WeTalkShip reserves the right to determine eligibility on a per-shipment basis in accordance with the applicable service agreement.

3.3 Exclusions

Protection does not cover: (a) shipments not processed through the WeTalkShip platform; (b) orders with incomplete or inaccurate shipping information provided by the brand; (c) items prohibited by applicable law or carrier policy; (d) shipments to addresses flagged for fraud or abuse; (e) delays that do not result in confirmed loss; (f) cosmetic damage that does not affect product functionality, unless otherwise specified in your service agreement; (g) claims filed after the applicable filing deadline.

3.4 Protection Is Not Insurance

Protected Fulfillment™ is a service-level guarantee provided by WeTalkShip as part of its shipping operations platform. It is not an insurance product, and WeTalkShip is not an insurance company, broker, or agent. The protection provided under these Terms is subject to the specific terms and conditions of your WeTalkShip service agreement and does not constitute an insurance policy under any applicable state or federal law.

4.1 Filing a Claim

Claims may be filed through the WeTalkShip platform by the brand or by the end consumer via the claims portal on the Site. Each claim requires a valid transaction or order number, a description of the issue, and the type of claim (lost, stolen, damaged, or wrong item). Supporting documentation (e.g., photographs of damage) may be required.

4.2 Claim Review & Timeline

WeTalkShip will review each claim in accordance with its standard review process. We aim to acknowledge claims within two (2) business days and to resolve claims within seven (7) to fourteen (14) business days, depending on the complexity of the claim and the availability of supporting information. These timelines are targets, not guarantees, and may vary based on carrier response times and investigation requirements.

4.3 Claim Resolution

Approved claims will be resolved through reshipment, refund, or credit, as determined by WeTalkShip in consultation with the brand. The method of resolution may depend on product availability, brand preferences, and the nature of the claim. WeTalkShip reserves the right to deny claims that do not meet eligibility requirements, that contain fraudulent or misleading information, or that fall outside the scope of coverage.

4.4 Claim Filing Deadline

Claims must be filed within thirty (30) calendar days of the expected delivery date for lost shipments, or within fourteen (14) calendar days of delivery for damaged or wrong-item shipments, unless otherwise specified in your service agreement.

4.5 Fraud Prevention

WeTalkShip employs fraud detection measures to protect the integrity of the claims process. Submission of false, fraudulent, or materially misleading claims may result in claim denial, account suspension, termination of services, and/or referral to law enforcement authorities.

WeTalkShip audits carrier invoices on behalf of enrolled brands to identify potential overcharges. This includes, but is not limited to, review of DIM weight calculations, surcharge validity, late delivery refund eligibility, and rate accuracy against contracted terms.

Audit results are informational. While WeTalkShip will identify discrepancies and, where authorized, pursue recovery on the brand's behalf, we do not guarantee that any specific amount will be recovered. Recovery depends on carrier policies, dispute resolution outcomes, and the specific facts of each discrepancy. All savings and recovery figures presented on the Site or in reports are estimates and should not be construed as guarantees.

WeTalkShip reviews third-party logistics provider billing and performance data on behalf of enrolled brands. This includes verification of pick-and-pack charges, storage fees, handling costs, and compliance with agreed-upon service-level agreements.

WeTalkShip acts as an advisor and auditor — not as a party to the agreement between the brand and its 3PL. Any disputes arising from audit findings are between the brand and its 3PL. WeTalkShip will provide data, documentation, and support to assist in resolution, but does not guarantee any specific outcome, credit, or refund from the 3PL.

WeTalkShip may leverage its network volume to negotiate carrier rates on behalf of enrolled brands. Participation in rate optimization is optional. Brands are not required to use WeTalkShip-negotiated rates and may continue using their existing carrier contracts.

Rate quotes provided by WeTalkShip are subject to carrier approval and may change based on volume, destination, package characteristics, and carrier policy. WeTalkShip does not guarantee that any specific rate reduction will be achieved or maintained over time.

WeTalkShip may offer a consumer incentive program through which end consumers whose orders are protected under Protected Fulfillment™ may earn incentives (e.g., discounts, credits, or promotional offers) applicable toward future purchases from participating brands.

Incentive availability, value, and terms are determined by WeTalkShip and/or the participating brand and may be modified or discontinued at any time without prior notice. Incentives have no cash value, are non-transferable, and may be subject to expiration dates and additional terms and conditions. WeTalkShip is not responsible for the redemption, fulfillment, or honoring of incentives by participating brands.

WeTalkShip operates a certification program for third-party logistics providers. Certification is based on performance benchmarks, billing accuracy, service-level compliance, and other criteria established by WeTalkShip.

Certification does not constitute an endorsement, warranty, or guarantee of any 3PL's services. Certified 3PLs are independently operated businesses, and WeTalkShip is not responsible for their performance, billing practices, or service quality. Certification may be revoked at WeTalkShip's discretion if a 3PL fails to maintain the required standards.

The Services are available to e-commerce brands, direct-to-consumer businesses, and third-party logistics providers that meet WeTalkShip's enrollment criteria. WeTalkShip reserves the right to accept or decline enrollment at its sole discretion.

By enrolling, you represent and warrant that: (a) you are a legally formed and operating business entity; (b) you have the authority to enter into these Terms; (c) the information you provide during enrollment is accurate and complete; and (d) you will promptly update your information if it changes.

WeTalkShip's core services — including shipment protection, carrier auditing, and 3PL accountability — are provided at no upfront cost to the brand. WeTalkShip's compensation model is performance-based and is detailed in your individual service agreement.

Any fees, revenue-sharing arrangements, or payment terms applicable to your account will be set forth in your service agreement. WeTalkShip reserves the right to modify its fee structure with thirty (30) days' written notice to affected clients.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WETALKSHIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

WETALKSHIP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO WETALKSHIP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).

THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to indemnify, defend, and hold harmless WeTalkShip, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any claim by a third party arising from your business operations, products, or services; or (e) any fraudulent or misleading claims submitted through the platform.

"WeTalkShip," "Protected Fulfillment," the WeTalkShip logo, the Protected Fulfillment™ badge, and all related names, logos, product and service names, designs, and slogans are trademarks of WTS Holdings, LLC, licensed to WeTalkShip, Inc. You may not use such marks without the prior written permission of WeTalkShip.

All content on the Site — including text, graphics, logos, icons, images, data compilations, and software — is the property of WeTalkShip or its content suppliers and is protected by United States and international copyright laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without express written consent.

WeTalkShip collects, processes, and stores data in accordance with its Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your data as described in the Privacy Policy.

WeTalkShip implements commercially reasonable administrative, technical, and physical safeguards to protect the confidentiality and security of client data. However, no method of transmission over the Internet or electronic storage is 100% secure, and WeTalkShip cannot guarantee absolute security.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

These Terms are effective upon your first use of the Services and remain in effect until terminated. Either party may terminate the service relationship in accordance with the terms of the applicable service agreement.

WeTalkShip reserves the right to suspend or terminate your access to the Services immediately, without prior notice, if: (a) you breach these Terms; (b) you engage in fraudulent activity; (c) your account is flagged for abuse; or (d) continued provision of Services would expose WeTalkShip to legal liability.

Upon termination, your right to use the Services ceases immediately. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Limitation of Liability, Indemnification, Intellectual Property, and Dispute Resolution.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be submitted to good-faith mediation. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration shall take place in the State of Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

WeTalkShip reserves the right to modify these Terms at any time. Material changes will be communicated to enrolled clients via email or through the platform dashboard at least thirty (30) days prior to taking effect. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms.

We encourage you to review these Terms periodically. The "Effective Date" at the top of this page indicates when these Terms were last updated.

Entire Agreement. These Terms, together with your service agreement and the Privacy Policy, constitute the entire agreement between you and WeTalkShip with respect to the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver. The failure of WeTalkShip to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms or your rights hereunder without the prior written consent of WeTalkShip. WeTalkShip may assign these Terms without restriction.

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. WeTalkShip, Inc. is a Delaware C-Corporation and a wholly owned subsidiary of WTS Holdings, LLC, a Delaware limited liability company. WeTalkShip operates its Services across all fifty (50) United States.

Force Majeure. WeTalkShip shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, carrier disruptions, or internet outages.

For questions about these Terms of Service, please contact us: