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PostalPoint® Retail Shipping Software License Agreement

Updated August 19, 2025
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This Agreement is made and entered into as of the date this form is submitted by and between PostalPortal LLC d.b.a PostalPoint, a Montana limited liability company (herein "PostalPoint"), and Licensee, the company whose details were entered on the web form containing this Agreement (the "Web Form"). This Agreement is primarily regarding the PostalPoint Retail Shipping Software, herein referred to as "the Software".
License Terms:

1. Term: The initial term of this Agreement shall be one year commencing on this Agreement’s date, unless earlier terminated as provided herein. At the expiration of the initial term or any subsequent renewed term, this Agreement shall automatically renew for an additional year, unless terminated in accordance with this Agreement.
2. Fees: Licensee shall pay to PostalPoint 10% of the net revenue generated by the Licensee’s sales of the products and services as described in Exhibit A, billed monthly. The amount due shall not exceed $100 per month. The amount shall be determined by PostalPoint’s electronic transaction tracking system built in to the Software, which Licensee agrees to use in good faith.
   Licensee is responsible for any fees charged to PostalPoint by a bank, payment processor, or money transmitter as a result of a returned ACH debit, bounced check, declined card payment, chargeback, etc. relating to an attempted payment of a fee described in this Agreement.
   If Licensee is operating the Software in a currency other than the United States Dollar, they acknowledge that the monthly fee calculated may be incorrect due to fluctuating market conditions and currency conversions, and agrees to pay the fee as billed regardless of any such error. Such a Licensee may instead opt to pay a flat fee of $100 USD per month, or another flat fee as agreed upon in writing by PostalPoint and Licensee.
3. Locations: This Agreement is made on a per-location basis, and is only valid at the street address entered on the Web Form. A new agreement must be executed for each location.
   Satellite locations where the only usage of the Software is back-office tasks (i.e. running reports, accounting, payroll, employee management, and similar) are not considered separate locations for the purposes of this Agreement.
4. Software License: PostalPoint grants Licensee a non-exclusive, non-transferable license to use the Software during the term of this Agreement, solely for the purpose of operating the Licensee’s Business at a single physical location (except as detailed in the Locations section).
   The Software may be installed on an unlimited number of computers, but permission must be obtained from PostalPoint to have more than seven computers configured for retail use (not including Software installations solely for back-office tasks as described in the Locations section). Such permission may be contingent on payment of additional monthly fees.
   Licensee shall use the Software in accordance with any terms and conditions, EULA, etc. provided with the software.
   The use of the Software is subject to Licensee’s compliance with any applicable fees, maintenance requirements, hardware and software requirements, and updates, as specified by PostalPoint or required by technical necessity or by good engineering practice.
   The Software is provided "AS IS," without warranty of any kind, express or implied, including but not limited to fitness for a particular purpose, merchantability, or non-infringement. To the maximum extent permitted by law, PostalPoint shall not be liable for any damages, including but not limited to indirect, incidental, or consequential damages arising out of the use or inability to use the Software. Licensee agrees to indemnify and hold harmless PostalPoint from any claims, damages, or liabilities arising out of Licensee’s use of the Software. To the maximum extent permitted by law, PostalPoint’s liability under this Agreement shall be limited to direct damages not exceeding the lower of $300 or the past three months of fees charged under this Agreement.
   Upon termination or expiration of this Agreement, Licensee’s license to use the Software shall automatically terminate, and the Software’s license key may be remotely disabled by PostalPoint to prevent unlicensed use.
5. Customer Data Privacy: Licensee may be granted access to or come into possession of customer data, including data provided by customers of/to other licensees. This data includes names, mailing addresses, phone numbers, email addresses, and unique identifying numbers (UUIDs).
   Absent informed consent from the customer(s) whose data is involved, customer data shall not be used for any purpose except providing services to those same customers as requested by the customer, such as mailing a package to or from a customer. The data shall not be disclosed to third parties under any circumstances except as required by law. If Licensee learns that customer data in their possession has been leaked, subpoenaed, or otherwise made available to anyone except PostalPoint, Licensee, and other licensees, Licensee must notify PostalPoint as soon as possible.
   Licensee may use customer contact information (limited to customer names, addresses, and email addresses) for local direct mailing and marketing campaigns, but the only contact information that may be used for this purpose is information collected from customers who have personally done business with Licensee.
   Ownership of customer data collected through Licensee’s business operations shall remain with the Licensee or its customers. PostalPoint shall have a non-exclusive, transferable, sub-licensable, worldwide right to use, process, and store such data as necessary to provide services under this Agreement and other agreements, improve its products, and comply with applicable laws.
   If a customer contacts Licensee requesting deletion of their data under an applicable privacy law, that request should be directed or forwarded to PostalPoint to ensure proper deletion of the data from PostalPoint's cloud server systems.
6. Intellectual Property: All trademarks, trade names, logos, and other intellectual property associated with PostalPoint are and shall remain the exclusive property of PostalPoint. Licensee shall not use such intellectual property except as expressly authorized by PostalPoint in writing on a case-by-case basis, or as authorized by the Software's decision to allow display or printing of such intellectual property, such as on a computer screen or shipping label.
7. ACH Debit Authorization: By filling in banking details on the Web Form, Licensee authorizes PostalPoint to initiate Automated Clearing House (ACH) debit entries to the Licensee’s bank account at the financial institution designated by the ACH routing number provided, or as otherwise designated in writing by the Licensee. This authorization permits PostalPoint to debit payments as specified in this Agreement on a recurring basis, and other non-recurring payments not covered by this Agreement when authorized by Licensee.
   If banking details are not provided, or if Licensee cancels their ACH authorization, or if there is an issue processing an ACH payment, PostalPoint will bill Licensee monthly via an emailed invoice, with payment made or postmarked within 15 calendar days of the invoice date.
   Both PostalPoint and the Licensee agree to be bound by and comply with the National Automated Clearing House Association (NACHA) Operating Rules, as well as any applicable laws governing ACH transactions. The Licensee agrees to maintain sufficient funds in the designated account to cover all ACH debit transactions. In the event an ACH transaction is returned due to insufficient funds or other errors, the Licensee may be subject to additional fees or charges sufficient to cover costs incurred to PostalPoint, with a maximum of $50 per transaction. This maximum does not apply in the event Licensee is willfully attempting to avoid payment.
   This ACH authorization shall remain in effect until the termination of this Agreement, or until either party gives written notice cancelling the authorization, except that PostalPoint is not required to give notice of cancellation if an ACH transaction under this Agreement is rejected (a.k.a. "bounced") by a bank.
   If an ACH transaction under this Agreement is rejected, PostalPoint may immediately cancel the authorization and switch to invoicing without notice.
8. Termination: This Agreement may be terminated by either party upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within 15 days of receiving written notice thereof. If a good faith effort to cure the breach is started immediately upon notice, but will take longer than 15 days to fully cure, the deadline to cure is extended by the time required, up to an additional 15 days.
   Both parties may agree in writing to end the Agreement voluntarily at any future date. PostalPoint may terminate this Agreement immediately in the event of certain specified defaults by Licensee as set forth in Exhibit B. Either party may prevent the Agreement term from automatically renewing by providing written notice to the other party at least 15 days before the automatic renewal would take place.
9. Amendments and Modifications: Any changes, amendments, or waivers to this Agreement must be in writing and acknowledged by both parties to be effective. No verbal agreements or implied waivers will be recognized. If clearly denoted as such in the message body, and acknowledged via reply by the Licensee, a cryptographically signed email from an authorized PostalPoint representative satisfies the requirements of this section.
10. Effect of Termination: Upon termination or expiration of this Agreement, Licensee shall immediately cease use of the Software and of any of PostalPoint’s other intellectual property unless that property is covered under another agreement which remains in effect.
11. Force Majeure: Neither party shall be liable for any delay or failure in performance caused by events beyond their reasonable control, including but not limited to natural disasters, acts of government, labor disputes, utility or internet outages, strikes, pandemics, or other events commonly considered force majeure. The affected party shall provide prompt notice of the event, and performance shall be excused for the duration of the event and a reasonable period thereafter.
12. Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the State of Montana and Lewis and Clark County. If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through direct conversation and negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
    To reduce legal expenses, disputes where the maximum potential financial gain or loss is less than $1000 do not require a formal resolution process. Such a dispute will instead be handled through direct and good faith cooperation with the goal of mutually-agreeable compromise, unless both parties find that a resolution cannot be reached and that the cost of arbitration or litigation is lower than the amount of potential gain or loss at issue. In the event of that finding, the dispute will be resolved in small claims court in Lewis and Clark County, Montana.
13. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

Exhibit A: Products and Services Subject to Fees
The following services are subject to a 10% fee. The fee is calculated based on the net revenue, which in turn is calculated by subtracting the rates charged by the service provider to Licensee from the “sale price” rates charged to Licensee’s customers, as calculated by the Software and/or PostalPoint's server systems. If Licensee purchases or sells these services at a discounted price, such as when purchasing postage for their own use, and does not sell a service at the calculated sale price, the fee is still calculated using the calculated sale price as determined by the Software and connected PostalPoint server systems as if the service was sold to a retail customer.

• USPS tracked shipping and mailing services, excluding untracked First-Class Mail.
• Shipping services from other carriers (for example: FedEx, UPS, DHL, Canada Post, Purolator).

Exhibit B: Specified Defaults Leading to Termination

1. The licensed location is permanently closed, goes out of business, or changes owners, but there is a 30 day grace period after an ownership change before new owners must execute their own agreement with PostalPoint. This Agreement is not transferable and a new agreement must be executed with new owners.
2. The Software is in use in multiple physical locations under one license key when the combined usage if properly licensed on a per-location basis would result in PostalPoint charging Licensee fees in excess of $110 for usage during a single calendar month. However, if Licensee agrees to pay $100 per month per location for the duration of a breach of this clause, the breach will not lead to termination.
3. Malicious misuse of, or tampering with, the Software in a manner which prevents shipments, transactions, or customers from being properly logged with PostalPoint's server systems.
4. Malicious misuse of, or tampering with, or unauthorized access to, PostalPoint's server systems.
5. Failure to make a payment required by the Agreement within 30 days of the invoice becoming due, absent a reasonable and honest excuse.
6. Bad faith or malicious attempts by Licensee to circumvent or the terms of this Agreement, such as by breaching its terms with an intent to hide the breach from PostalPoint.

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