Effective date: October 1, 2022

• AD PLATFORM ACCOUNT AND USAGE.

To access and use the Ad Platform, You must provide and update the information needed to create and maintain an account. Shipt reserves the right, at any time, for itself or its designees, to:

• Confirm that You are authorized to act on behalf of Advertiser or Agency, as applicable.
• Verify that Advertiser or Agency is in good standing.
• Confirm that Agency is authorized to act on behalf of Advertiser, including requesting Agency to provide documentation of agency authority for Advertiser.
• Otherwise validate Advertiser or Agency, including via credit reports, industry classification, corporate filings, etc. If Shipt is unable to do so, it may refuse or revoke access to the Ad Platform. Advertiser may authorize individuals or Agencies to access and use its account, but Advertiser is responsible for any and all activity related to the account. Agencies may authorize individuals to access and use its account, but Agency is responsible for any and all activity related to the account.

The Ad Platform may not be used for any purposes that are not expressly permitted by these Ad Terms or are otherwise prohibited under applicable law, including any activity that interferes with or disrupts, damages, disables, or otherwise impairs the Ad Platform or the Marketplace (or the connected servers and networks). Shipt has no obligation to grant You, any Advertiser or any Agency access to the Ad Platform and Shipt reserves the right to revoke, restrict, or suspend access to the Ad Platform at any time without notice or liability, if Shipt determines or reasonably believes You, Advertiser, or Agency has breached these Ad Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. Advertiser may authorize individuals to access and use Advertiser’s Ad Platform account, provided Advertiser shall be liable and responsible for all activity that occurs under Advertiser’s Ad Platform account, including, but not limited to, establishing, managing and revoking access levels for Advertiser’s Ad Platform account. Agency may authorize individuals to access and use Agency’s Ad Platform account, provided Agency shall be liable and responsible for all activity that occurs under Agency’s Ad Platform account, including, but not limited to, establishing, managing and revoking access levels for Agency’s Ad Platform account. Any individual granted access to an Ad Platform account must comply with these Ad Terms.

• LICENSE.

Advertiser (or Agency acting on behalf of the Advertiser) grants Shipt a fully-paid, worldwide, non-exclusive, non-transferable (except as provided herein) right and license to reproduce, distribute, perform and display Advertiser’s Ad(s) on Shipt’s Marketplace during the designated campaign period on or via any device as set forth in these Ad Terms. Except as required by law or to comply with the request of a governmental entity, You, Advertiser and Agency will not use Shipt’s name, trademarks, service marks, logos or other identifiers (collectively, “Trademarks”), or make any reference to Shipt or its Trademarks in any manner including, without limitation, customer facing materials and press releases, without the prior written approval of Shipt.

• ADS AND CAMPAIGNS.
  • Submission and Approval. An Ad must be approved by Shipt before the campaign may begin and impressions may be delivered. Approval includes both compliance with all technical specifications provided by Shipt and the Advertising Policies described or referenced below in Section 3(c) (“Advertising Policies”). “Ad” means any materials, including without limitation any artwork, written text, images, trademarks, logos, service marks, video, audio, data files, URLs, or any other intellectual property or content, submitted by or on behalf of Advertiser via the Ad Platform. An Ad must be submitted for Shipt’s approval via the Ad Platform no later than 3 business days before the scheduled campaign start date. However, any modifications required for the Ad to comply with technical specifications provided by Shipt and Advertising Policies may take additional time; to avoid delays, an Ad should be submitted as soon as possible. It is Your, Advertiser’s and Agency’s responsibility to regularly check the status of an Ad, including whether it has been approved, rejected, or is in need of modification, within the Ad Platform. In the event that no Ad has been approved before the campaign start date, Shipt will pause the campaign. If a campaign begins later than its scheduled start date, the end date will not be adjusted, and the number of impressions delivered during the campaign may be reduced. A campaign will be automatically canceled in the event that no Ad is uploaded and approved prior to the scheduled campaign end date. You, Advertiser, and Agency should maintain a back-up of any Ad(s) (and related data) submitted via the Ad Platform. Shipt has no obligation to store, retrieve, or return any Ad(s) to You, Advertiser, or Agency.
  • Delivery. To create a campaign via the Ad Platform, You, Advertiser or Agency will upload an Ad and will designate the budget, targeting criteria, and any other information Shipt may request. Once an Ad is approved and the campaign begins, Shipt will deliver the Ad via the Shipt Marketplace as inventory becomes available. Shipt will determine the size, placement, and positioning of Ad(s) in its sole discretion. Shipt makes no commitments regarding where an Ad appears in relation to other Ad(s). Additionally, Shipt cannot guarantee:
    • Delivery of all (or any) of the Ad impressions reflected in a campaign’s budget.
    • The performance of Ads or campaigns.
    • That Ads will reach the audience targeted.
    • That Ads will run on any particular device or subset of devices.
  • Advertising Policies. All Ads are subject to Shipt review and approval. Shipt may block, reject, revoke, or remove any Ad for any reason at any time, including if Shipt determines an Ad is inconsistent with Shipt’s business practices, strategy, standards, or brand. Shipt is not responsible for Your, Advertiser’s, or Agency’s costs associated with producing or modifying an Ad. You, Advertiser, and Agency agree not to upload, submit, display, or otherwise use the Ad Platform in order to transmit or display any Ads advertising, promoting, containing, comprising, or linking to materials that are inconsistent with these Shipt Ad Terms and applicable Ad guidelines and laws. Shipt reserves its right to: (1) require modifications to an Ad before approval and to require modifications to any previously-approved Ad; (2) require factual support for any statements or claims in connection with an Ad; (3) reject any Ad in which the product or service could adversely affect the interests of Shipt, its users or the community generally; (4) revoke approval of an Ad; and (5) waive or make exceptions, in its sole and absolute discretion, to the Advertising Policies described in this Section. Advertiser, not Shipt, is responsible for ensuring that its Ad(s) comply with all applicable laws, regulations, and industry standards and guidelines, as well as the Advertising Policies. Shipt’s approval of an Ad shall not be construed as its endorsement of that Ad; the accuracy, content, and obligation to honor any commitments or representations made in connection with the Ad(s) are Advertiser’s alone. Shipt’s approval of an Ad shall not relieve Advertiser of its obligations under these Ad Terms, including the obligation to comply with all applicable laws and industry standards and guidelines.
  • Targeting. Shipt may provide Advertiser (or Agency acting on Advertiser’s behalf) the option to target an Ad to a desired audience based on certain criteria. Advertiser (or Agency acting on Advertiser’s behalf) is solely responsible for appropriately using the Ad Platform to select its targeting preferences. Shipt does not guarantee that Ads will reach the audience targeted. Advertiser (or Agency acting on Advertiser’s behalf) shall be obligated to pay for all impressions delivered regardless of whether such impressions reach the audience targeted. Advertiser (or Agency acting on Advertiser’s behalf) may choose whether and in what combination to use targeting criteria, provided that it is Advertiser’s sole responsibility to do so in compliance with applicable law and industry standards and guidelines. For example, there may be instances in which Advertiser is required to use or refrain from using certain targeting criteria in order to comply with applicable law or industry standards (e.g., if Advertiser is promoting an alcohol product, Advertiser must only target audiences 21 years and older). If the required targeting criteria is not available, do not submit the campaign. In the absence of any targeting criteria, Ad(s) will be served in available inventory at Shipt’s discretion.
  • Reporting. Shipt may provide reporting about the performance of Advertiser’s campaigns; provided, however, Shipt makes no guarantees as to the accuracy, suitability or reliability of such information (if any). Shipt is under no obligation to provide Advertiser with additional detail regarding the performance of an Ad or any other aspects of the campaign. All reporting and any data or information, including without limitation Ad Data (as defined below) contained in such reports may only be used in accordance with Section 5(a) below.
  • Cancellation, Pause, Suspension and Campaign End. Shipt reserves the right to cancel, pause, or suspend any campaign in its sole discretion. Advertiser (or Agency acting on behalf of Advertiser) may cancel a campaign at any time via the Ad Platform. For cancellation to be effective, Advertiser (or Agency acting on behalf of Advertiser) must cancel through the Ad Platform. If a campaign is cancelled, impressions will stop being delivered as promptly as practicable. Advertiser (or Agency acting on behalf of Advertiser) will be charged for all impressions delivered, including any delivered during the short period while the cancellation request is processed; no refunds will be issued. Upon cancellation of a campaign or campaign end, the licenses granted in these Ad Terms will expire immediately. Some content may persist for a period of time, and the licenses granted by Advertiser to Shipt in these Ad Terms will extend for those purposes. Advertiser (or Agency acting on behalf of Advertiser) may also pause a campaign at any time via the Ad Platform. If a campaign is paused, impressions will stop being delivered as promptly as practicable. Advertiser (or Agency acting on behalf of Advertiser) will be charged for all impressions delivered, including any delivered during the short period while the pause request is processed; no refunds will be issued. Advertiser (or Agency acting on behalf of Advertiser) may resume the campaign at any time before the scheduled end date. Pausing a campaign will not modify the scheduled campaign end date, and the number of impressions delivered during the campaign may be reduced.
• BILLING.
  • Payment Method. Advertiser (or Agency acting on Advertiser’s behalf) must provide a credit card or alternative payment instrument or method accepted by Shipt (“Payment Method”) in order to submit a campaign via the Ad Platform. Shipt or its payment processor(s) may run payment authorization checks in order to validate the Payment Method. To avoid campaign interruptions, the expiration date associated with the Payment Method should occur after the scheduled end date of any campaigns. By providing a Payment Method, Advertiser (or Agency acting on Advertiser’s behalf) authorizes Shipt or its payment processor(s) to charge that Payment Method for all amounts due (including applicable taxes) in connection with any campaigns submitted through the Ad Platform. Advertiser may update its Payment Method at any time, and Shipt may automatically update the Payment Method using a payment card updater service. If the Payment Method is not a credit card or other instrument of immediately available funds, then, in the absence of a written agreement to the contrary, payment shall be due within thirty (30) days after receipt of Shipt’s invoice.
  • Budget. Advertiser (or Agency acting on Advertiser’s behalf) will set a maximum budgeted dollar amount to be spent or the desired number of impressions to be delivered over the course of a campaign. Shipt will not charge the Payment Method associated with the account for more than this budgeted amount but may charge less than the budgeted amount based on the number of impressions delivered during the campaign period.
  • Billing Period. Shipt will begin to charge the Payment Method associated with the account after the campaign starts for any impressions delivered. Shipt will measure impression delivery for Advertiser’s Ads in the Ad Platform. You, Advertiser and Agency acknowledge that Shipt’s impression delivery measurements are the definitive measurements of Ad delivery in the Ad Platform. The amount owed by Advertiser or Agency will be calculated based solely on Shipt’s measurements. You, Advertiser or Agency may not take separate measurements of Ad impressions on the Ad Platform or retain any third party to do so. Each billing period will cover the time between scheduled billing dates. Billing dates may vary, including for example in the event of any processing delays, if a campaign is paused or suspended, or if no impressions are delivered.
  • Payment Failures. If Shipt is unable to successfully charge the Payment Method associated with the account, the campaign will be suspended or paused and impressions will stop being delivered. Shipt may retry charging the Payment Method. In the event Advertiser (or Agency acting on behalf of Advertiser) does not provide a new Payment Method before the scheduled campaign end date, the campaign will be cancelled. Advertiser (or Agency acting on behalf of Advertiser) remains obligated to pay Shipt for any impressions delivered and agrees to pay all amounts due. ADVERTISER (OR AGENCY ACTING ON BEHALF OF ADVERISTER) IS RESPONSIBLE FOR PAYING ALL AMOUNTS BILLED TO THE PAYMENT METHOD ASSOCIATED WITH THE ACCOUNT. Shipt may terminate any current or future campaigns and take steps to collect past due amounts; Advertiser (or Agency acting on behalf of Advertiser) will pay all reasonable associated costs and expenses (including reasonable attorneys’ fees). Past due amounts will accrue interest at 1% per month or the lawful maximum, whichever is less.
  • Account Codes/Credits. Shipt may, in its sole discretion, provide or cause to be provided a code, credit, coupon, or other form of discount in any amount and on terms and restrictions as provided by Shipt. Account codes, credits, coupons, or other discounts are non-transferable and may not be redeemed for cash. If Advertiser’s or Agency’s account is cancelled, Advertiser or Agency, as applicable, will forfeit any account codes, credits, coupons, or other discounts.
  • Refunds. Neither Advertiser nor Agency will be refunded any amounts paid to Shipt, and Advertiser (or Agency acting on behalf of Advertiser) agrees to pay Shipt for any impressions delivered from and after the campaign start date.
• DATA AND PRIVACY.
  • Usage. Except as expressly permitted by Shipt in writing, and subject to any restrictions set forth in these Ad Terms, Advertiser and Agency may only use Ad Data for the purpose of:
    • Optimizing Advertiser’s campaigns in Ad Platform;
    • Assessing the effectiveness and performance of Advertiser’s campaigns in Ad Platform; and
    • Planning Advertiser’s campaigns in Ad Platform.

    Any other use of Ad Data is expressly prohibited. For the purposes of these Ad Terms, “Ad Data” means any data that is accessed, viewed, received, or derived by Advertiser or Agency or otherwise provided or made available to Advertiser or Agency in connection with the Ad Platform, including any campaign reporting, performance metrics, and any data or information available within the Ad Platform. Each of Advertiser and Agency acknowledges and agrees that Advertiser and Agency are only permitted to access and view Ad Data in an aggregated and anonymous manner and shall promptly notify Shipt if Advertiser or Agency accesses, views, receives, or is otherwise provided any Ad Data in an individualized (i.e., de-aggregated, de-anonymized) manner.

  • Restrictions. Except as otherwise permitted in these Ad Terms, Advertiser and Agency will not and will not attempt to:
    • Create compilations or combinations of Ad Data.
    • Commingle Ad Data with other data or across advertising campaigns on platforms other than Shipt’s Marketplace.
    • Disclose, sell, rent, transfer, or provide access to Ad Data to any affiliate, third party, ad network, ad exchange, advertising broker, or other advertising service.
    • Associate Ad Data with any identifiable person or user.
    • Use Ad Data for retargeting a user or appending data to a profile regarding a user.
    • Build, create, develop, augment, supplement, or assist with the building, creation, development, augmentation, or supplementation of any segments, profiles, or similar records on any user, device, or browser.
    • Disaggregate or de-anonymize, or attempt to disaggregate, de-anonymize, or otherwise reverse engineer Ad Data.
  • Privacy Policy. By creating an account and using the Ad Platform, You, Advertiser, and Agency consent to the collection and use of information from or about You, Advertiser, and Agency as explained in the Ad Platform privacy policy [https://www.mabaya.com/privacy-policy/] and the Shipt Marketplace privacy policy [https://www.shipt.com/privacy-policy/]. In addition, Advertiser agrees that it will post a privacy policy on its websites, mobile platforms, and other online services that complies with applicable law, and will keep the privacy policy posted and adhere to the privacy policy at all times with respect to any Ad Data.
  • Except as explicitly approved by Shipt in advance, You, Advertiser and Agency must not, and must not allow any third party to, place, install, include, or execute any tags, pixels, beacons, cookies, other tracking technologies or other data collecting technologies on any Ads, Shipt’s Marketplace, or any device of any end-user of Shipt’s Marketplace.
  • Each of Advertiser and Agency will take all necessary and appropriate steps to prevent unauthorized users from accessing its Ad Platform account.
• REPRESENTATIONS AND WARRANTIES.
  • Advertiser’s Representations and Warranties. Advertiser represents and warrants that:
    • Advertiser holds all the rights, power, and authority necessary to grant the license described in these Ad Terms.
    • All information provided by Advertiser in connection with the Ad Platform is and will remain complete, correct, and current.
    • Advertiser has obtained all registrations, authorizations and licenses required in the jurisdictions in which it is located, operates and/or advertises. Advertiser will promptly notify Shipt if it ceases to be so registered, authorized or licensed.
    • Advertiser, the products, services, and activities in its Ad(s), and any website, application or other online service to which users are directed by its Ad(s), are in compliance with all applicable federal, state, and local laws and regulations.
    • All express and/or implied claims in Advertiser’s Ad(s) are accurate and supported by adequate substantiation.
    • The use and display of the Ad(s), including Ad content, will not (a) violate any applicable laws or industry standards or (b) infringe, misappropriate or otherwise violate the intellectual property, publicity, personality, privacy or other rights of any third party.
    • Advertiser has obtained all rights and consents necessary to obtain, transmit, make available and use all data or segments within the Ad Platform or provided by Advertiser in the course of or in connection with its use of the Ad Platform.
  • Your Representations and Warranties. You represent and warrant that:
    • You are authorized to, and do, bind Advertiser or Agency, as applicable, to these Ad Terms.
    • All of Your actions in connection with Ad Platform are and will be within the scope of the agency or employment relationship between You and Advertiser or Agency, as applicable, and in accordance with any applicable law. If for any reason You have not bound Advertiser or Agency, as applicable, to these Ad Terms, You will be liable for Advertiser’s or Agency’s, as applicable, obligations and breach under these Ad Terms.
  • Agency’s Representations and Warranties. Agency represents and warrants that it has the authority as Advertiser’s agent to bind Advertiser to these Ad Terms and each Ad campaign created via the Ad Platform and that all of Agency’s actions related to these Ad Terms and each Ad campaign created via the Ad Platform will be within the scope of such agency.
• MODIFICATIONS AND TERMINATION.

  Shipt may modify these Ad Terms by posting to [https://shipt.product-listings.com/terms]. Any changes to these Ad Terms will become effective on the earlier of Ad Platform account access or, for existing Advertisers or Agencies, two (2) business days after posting. Notwithstanding the foregoing, any changes specific to new functionality or changes required by law will be effective immediately upon posting. Shipt may modify, suspend, terminate access to, or discontinue the availability of the Ad Platform at any time in its sole discretion. All continuing rights and obligations under these Ad Terms will survive cancellation of Advertiser’s or Agency’s Ad Platform account.

• LIMITATION OF LIABILITY AND INDEMNITY.

  IN NO EVENT WILL SHIPT OR ITS PARENT, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THE AD PLATFORM OR MARKETPLACE), AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “SHIPT PARTIES”) BE LIABLE UNDER ANY LEGAL THEORY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATING TO THE AD PLATFORM, DELIVERY OF AD(S) VIA THE SHIPT MARKETPLACE, OUR RELATIONSHIP, OR THESE AD TERMS, EVEN IF THE SHIPT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF THE SHIPT PARTIES FOR ALL CLAIMS, LOSSES, DAMAGES AND EXPENSES SHALL NOT EXCEED THE TOTAL PAID BY ADVERTISER IN THE 6 MONTHS PRECEDING THE CLAIM. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO ADVERTISER OR AGENCY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE MATERIAL TO THESE AD TERMS.

  • Advertiser’s Agreement to Indemnify. Advertiser agrees to and will indemnify, defend, and hold harmless the Shipt Parties from and against any and all claims, actions, judgments, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to any third-party claim relating in any way to:
    • The actual or alleged breach of these Ad Terms, including the representations and warranties above by You, Advertiser or Agency.
    • The actual or alleged violation of any applicable law or industry standard by You, Advertiser or Agency.
    • The content, submission or use of any Ad(s), data, segments or other material provided by You, Advertiser, or Agency to Shipt, including any data, product or services provided by a third party on Advertiser’s or Agency’s behalf in connection with the Ad Platform.
    • Any actions taken by individuals with access to Advertiser’s account that relate to the Ad Platform.
  • Your Agreement to Indemnify. In the event You are not authorized to bind Advertiser or Agency, as applicable, to these Ad Terms or You act outside the scope of the agency or employment relationship between You and Advertiser or You and Agency, you agree to and will indemnify, defend, and hold harmless the Shipt Parties from and against any and all claims, actions, judgments, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to any third-party claim relating in any way to:
    • The actual or alleged breach of these Ad Terms, including the representations and warranties above.
    • The actual or alleged violation of any applicable law or industry standard.
    • The content, submission or use of any Ad(s), data, segments or other material provided to Shipt, including any data, product or services provided by a third party on Advertiser’s or Agency’s behalf in connection with the Ad Platform.
  • Agency’s Agreement to Indemnify. Agency agrees to and will indemnify, defend, and hold harmless the Shipt Parties from and against any and all claims, actions, judgments, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to any third-party claim relating in any way to:
    • The actual or alleged breach of these Ad Terms, including the representations and warranties above.
    • The actual or alleged violation of any applicable law or industry standard.
    • The content, submission or use of any Ad(s), data, segments or other material provided to Shipt, including any data, product or services provided by a third party on Advertiser’s or Agency’s behalf in connection with the Ad Platform.
    • Any actions taken by individuals with access to Agency’s account that relate to the Ad Platform.
    • Agency’s actions on behalf of Advertiser regardless of whether such actions are within or outside the scope of such agency relationship.
• MISCELLANEOUS.
  • Governing Law. These Ad Terms are governed by, and shall be construed in accordance with, the laws of the State of Delaware, without giving effect to the conflict of law principles of any jurisdiction. You, Advertiser, Agency and Shipt agree that any action at law or in equity arising out of or relating to these Ad Terms shall be filed, and that venue properly lies, only in the state or federal courts located in Wilmington, Delaware, and You, Advertiser, and Agency consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
  • Entire Agreement. These Ad Terms are the parties’ entire agreement relating to their subject and supersede any prior or contemporaneous agreements on that subject. Unless otherwise explicitly agreed to in writing, no other terms will apply to Your, Advertiser’s or Agency’s use of the Ad Platform or the delivery of its Ad(s) on Shipt’s Marketplace. In the event of any conflict or inconsistency between these Ad Terms and any other “click-wrap” agreement, terms of use, or other terms that You, Advertiser, or Agency may have acknowledged or accepted in connection with your access to the Ad Platform, these Ad Terms shall govern and control.
  • Notices. Notices under these Ad Terms must be in writing and sent (a) if to Shipt, to Shipt, Inc., 420 20th Street N., Suite 100, Birmingham, Alabama 35203, Attn: Legal; and (b) if to You, Advertiser or Agency, to the email address or street address provided via the Ad Platform.
  • No Waiver. No party will be deemed to have waived any rights by not exercising or delaying exercising rights under these Ad Terms. No waiver of any breach of these Ad Terms shall be construed to be, or shall be, a waiver of any other breach of these Ad Terms. No waiver shall be binding unless in writing and signed by the party waiving the breach.
  • Severability. If any provision of these Ad Terms or the application of any such provision is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, without regard to the invalidity of the provision, and these Ad Terms shall be construed as if the provision had never been in these Ad Terms.
  • Assignment. Neither You, Advertiser or Agency may assign or transfer any rights, or delegate any duties, under these Ad Terms without Shipt’s prior written consent, and any attempted assignment, transfer or delegation without such consent shall be void. Shipt can assign or otherwise transfer Shipt’s rights under these Ad Terms without consent from You, Advertiser or Agency.
  • Third Party Beneficiaries. There are no third-party beneficiaries to the Ad Terms.
  • No Agency. These Ad Terms do not establish any agency, partnership, or joint venture between You, Advertiser or Agency and Shipt.
  • Force Majeure. Except for payment obligations, no party or its affiliates is liable for inadequate performance to the extent caused by a condition that was beyond its reasonable control.
  • Communication. You, Advertiser and Agency agree to receive communications from Shipt via e-mail, regular mail, or postings on the Ad Platform, including communications regarding Your, Advertiser’s or Agency’s account, campaign or Ad(s).
  • Feedback. Shipt may, at its sole discretion, provide the opportunity to evaluate the Ad Platform, including the opportunity to submit bug reports, evaluations, or proposed modifications (“Feedback”). In the event that Feedback is provided to Shipt, Shipt will be free to incorporate and otherwise use and exploit the Feedback, with no obligation of any kind.
  • Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Ad Platform are subject to export controls. You, Advertiser and Agency agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.