Terms of Service

1. Service Description

TradeWind is a multi-carrier shipping label platform. We provide software that enables you to generate shipping labels, customs documentation, and tracking information across multiple carriers including UPS, Royal Mail, FedEx, DPD, Evri, and DHL.

TradeWind is a technology platform, not a shipping carrier. We facilitate the purchase of shipping services from third-party carriers. The transportation of your parcels is performed by the carrier you select, subject to that carrier’s own terms and conditions.

The Service includes:

• Multi-carrier label generation and rate comparison
• Integration with e-commerce platforms (Shopify, WooCommerce, eBay, BigCommerce, ShipStation)
• Customs documentation and commercial invoice generation
• Shipment tracking and status updates
• Product catalogue management
• Optional pass-through shipping insurance via XCover
• B2B API access (where available and agreed)

2. Account Creation and Responsibilities

2.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into a binding agreement to use the Service. If you are acting on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2.2 Account Registration

You must provide accurate, complete, and current information when creating your account. You are responsible for maintaining the accuracy of your account information, including your business address, VAT number, and EORI number where applicable.

2.3 Account Security

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us immediately at privacy@tradewind.express if you suspect unauthorised access.

2.4 One Account Per Entity

Each legal entity or sole trader should maintain only one account. Creating multiple accounts to circumvent pricing, usage limits, or suspension is a violation of these Terms and may result in immediate termination.

3. Pricing and Billing

3.1 Per-Label Pricing

The Service operates on a per-label pricing model. You are charged for each shipping label generated. Prices vary by carrier, service type, package dimensions, weight, origin, and destination. Current prices are displayed at the point of label creation and on your rates page within the dashboard.

3.2 Payment Processing

All payments are processed securely through Stripe. You must maintain a valid payment method on file. Charges are processed at the time of label generation or billed periodically depending on your account arrangement.

3.3 Taxes

All prices displayed exclude VAT unless stated otherwise. VAT will be applied where applicable in accordance with UK tax law. You are responsible for any duties, taxes, or customs charges levied on your shipments by destination countries.

3.4 Price Changes

We may adjust our prices at any time. Price changes will be communicated via email or in-app notification at least 14 days in advance. Continued use of the Service after a price change constitutes acceptance of the new pricing.

3.5 Failed Payments

If a payment fails, we may suspend label generation until the outstanding balance is settled. Repeated payment failures may result in account suspension.

3.6 Customs Declarations and HS Code Accuracy

You are solely responsible for the accuracy and completeness of every declaration you make for a shipment, including without limitation:

• The description of goods, declared value, country of origin, and composition
• The commodity code / Harmonised System (HS) code, including any country-specific extensions (e.g. 10-digit US HTS codes, UK commodity codes, EU TARIC codes)
• Any licences, permits, or restricted-goods declarations required by the destination country
• The correct identification of the shipper of record and importer of record

Misdeclaration is your responsibility. If a carrier, customs authority, or any other third party determines that goods were misdeclared — including but not limited to an incorrect HS code, understated weight, undervalued goods, or missing restricted-item declaration — you will be liable for any resulting fines, penalties, storage fees, return-to-origin charges, duty or tax reassessments, or other costs, and you will indemnify us in full for any such amounts billed to us by the carrier or authorities.

We may, at our discretion, reject a shipment, place an account on hold, or require proof of accurate classification before processing further bookings where we reasonably believe declarations are inaccurate.

3.7 Duty Pre-Payment on DDP Services and True-Up Charges

Certain services offered on the platform are sold on a Delivered Duty Paid (“DDP”) basis, under which we pre-charge you at the point of label generation for an estimated duty or tax amount that we (or our carrier partner) will remit to the destination customs authority on your behalf. By booking a DDP service you agree that:

• Estimates are based on the data you supply. The pre-charged duty amount is calculated from the HS code, declared value, country of origin, and other information you or your connected systems provide. If any of this information is inaccurate or incomplete, the estimate will be inaccurate.
• 6-digit HS codes are charged at the worst-case rate. Where you supply only a 6-digit harmonised subheading for a US DDP shipment (rather than a full 10-digit US HTS code), we apply the highest applicable duty rate across the subcodes in that range to protect the platform from under-collection. Providing the correct 10-digit code typically results in a lower charge.
• We pass through true-up charges. If the carrier, customs authority, or a broker subsequently bills us for additional duty, tax, brokerage, disbursement, storage, or correction fees associated with your shipment — whether because the duty estimate was too low, the declared value was incorrect, the goods required reclassification, or for any other reason — we will charge the additional amount to the payment method on file, or invoice your account for settlement within 14 days, together with any reasonable administration fee.
• Refunds where we over-collect. If the actual duty billed is lower than the amount we pre-charged, we will refund the difference to the payment method on file (net of any non-refundable carrier or broker fees) once the final invoice is reconciled.
• No duty-accuracy guarantee. Duty classification and rate-setting are governed by the destination country’s customs authority, not by us. We do not guarantee that our pre-charge matches the final amount assessed, and we are not liable for any difference.

Where a shipment is booked on a Delivered At Place (DAP) or Bring Your Own Account (BYOA) basis, duty and tax are the responsibility of the receiver or the account holder directly, and no pre-charge or true-up mechanism under this Section 3.7 applies.

3.8 Voided Labels and Misuse

Labels are currently voided and refunded by TradeWind on request only — please contact us to cancel a label. Once we issue a refund for a label, you must not hand the parcel bearing that label to the carrier, place it in a carrier collection, or otherwise allow the tracking number to enter the carrier’s network.

We monitor voided tracking numbers via the carrier’s tracking feed and the carrier’s invoices. If a label that has been voided and refunded is subsequently scanned or invoiced by the carrier (a “Voided Label Misuse”), TradeWind will rebill you for the shipment at:

• the carrier’s invoiced charge for the shipment;
• plus a 20% margin on the carrier’s invoiced charge; and
• plus a flat £15 administration fee per occurrence.

We may, at our discretion, also (i) suspend label generation under your account until the rebill is settled, (ii) disable the affected services or carriers for your account, and (iii) terminate the account under Section 11 if the misuse is repeated. The right of set-off in Section 4.5 applies to amounts due under this Section 3.8.

Where you believe a misuse flag is incorrect (for example, where the parcel was already in the carrier’s network when the void was requested and could not be intercepted), you must notify us in writing within 14 days of the rebill so we can investigate with the carrier. We will reverse the rebill where the misuse cannot be reasonably attributed to you.

4. House Rates and Bring Your Own Account (BYOA)

4.1 House Rates

House rates use TradeWind’s own carrier accounts to generate labels. Pricing is set by TradeWind and may differ from rates available directly from carriers. House rate availability is subject to carrier agreements and may change.

4.1.1 Use of TradeWind’s carrier accounts. When you book a label under a House Rate, the resulting waybill is issued on TradeWind’s account with the relevant carrier (e.g. UPS, Royal Mail). You acknowledge that:

• The shipment is yours; the account is ours. You are the shipper of record and the legal exporter / importer of record (as applicable). TradeWind merely arranges access to its carrier credentials so a label can be issued. We do not inspect, handle, package or audit the goods you ship.
• You assume all liability for the contents. You are solely responsible for the goods inside every parcel booked through the platform, including their legality, classification, packaging, value, declared customs information, conformity with destination-country product / safety / labelling regulations, intellectual-property ownership, and compliance with sanctions and export controls (UK Export Control Order, U.S. EAR / OFAC, EU dual-use, and equivalents). TradeWind has no visibility into the goods and accepts no liability for them.
• Carrier penalties pass through to you. If a carrier billing adjustment, fine, surcharge, suspension, account-review charge, or termination decision is levied against TradeWind’s carrier account as a result, in whole or in part, of any shipment booked by you, you will reimburse TradeWind for the full amount of that adjustment plus reasonable administration cost, and indemnify TradeWind against any consequent loss of revenue, loss of carrier credit, or third-party claim.
• Misuse may forfeit House Rate access. Where your conduct materially risks the integrity of TradeWind’s carrier accounts — including repeated misdeclarations, prohibited-goods attempts, sanctions hits, or any pattern flagged by the carrier — we may, without notice, withdraw House Rate access from your account and require you to use a Bring Your Own Account credential going forward.

4.2 BYOA (Bring Your Own Account)

You may connect your own carrier accounts to use your negotiated rates. When using BYOA:

• You are solely responsible for your carrier account, credentials, and compliance with that carrier’s terms.
• TradeWind provides the technology to interface with the carrier API but does not guarantee rate accuracy or service availability from your carrier account.
• Your carrier credentials are encrypted and stored solely for the purpose of generating labels on your behalf.
• TradeWind is not liable for any issues arising from your carrier account, including billing disputes with your carrier.

4.3 No Rate Guarantee

Quoted shipping rates are estimates based on the information you provide. Carriers may apply surcharges, dimensional weight adjustments, address corrections, or other fees after shipment. You are responsible for any such additional charges.

4.4 Shipper Warranty of Legal Title

For every shipment booked through the Service you represent and warrant that you are the legal owner of the goods inside the parcel, or are duly authorised by the owner to ship them, and that no third party has a security interest, retention-of-title claim, or unsatisfied charge over the goods that could give rise to a claim against TradeWind, our carrier partners, or the recipient. If a third party asserts ownership of, or any other proprietary right in, goods you have shipped, you will indemnify TradeWind in full against any resulting loss, cost, fine or third-party claim under Section 7.4.

4.5 Right of Set-Off and Deduction from Future Bookings

Where any sum is due from you to TradeWind — including without limitation carrier surcharges, post-shipment adjustments, customs reassessments and reverse charges (Sections 3.6, 3.7 and 6.2.1 of the Shipping Terms), administration fees, fines passed through from carriers, or sums owing under the indemnity at Section 7.4 — we may, at our discretion and without further notice:

• Charge the outstanding amount to the payment method on file;
• Deduct the amount from any account credit, refund, void credit, or wallet balance held in your favour;
• Set off the amount against any sum we would otherwise owe to you, including refunds for unrelated voided labels;
• Suspend label generation until the balance is settled.

Our right of set-off is in addition to, and not in substitution for, any other remedy available to us at law or under these Terms.

5. Prohibited Items and Use

You must not use the Service to ship any items that are prohibited by law, by the selected carrier, or by our Acceptable Use Policy. This includes but is not limited to:

• Hazardous materials, explosives, flammable substances, or dangerous goods (unless specifically authorised by the carrier and declared correctly)
• Counterfeit, pirated, or trademark-infringing goods
• Controlled substances, illegal drugs, or drug paraphernalia
• Weapons, firearms, ammunition, or weapon components
• Items destined for sanctioned countries, entities, or individuals as designated by OFSI, OFAC, or the UN Security Council
• Live animals (unless using a carrier-approved service)
• Human remains or bodily fluids
• Goods that violate any applicable export control regulations

Violation of these restrictions may result in immediate account suspension, reporting to relevant authorities, and liability for any fines or damages incurred.

6. Carrier Terms and Conditions

Each shipment you create through TradeWind is subject to the terms and conditions of the carrier that transports the parcel. By using the Service to generate a label, you agree to be bound by the applicable carrier’s tariff and terms of carriage, including but not limited to:

• UPS Tariff and UPS Terms and Conditions of Carriage / Service
• Royal Mail Terms and Conditions
• FedEx Conditions of Carriage
• DPD General Terms and Conditions
• Evri Terms and Conditions
• DHL Express Terms and Conditions of Carriage

You must comply with the applicable carrier’s tariff and terms of carriage as if you were the shipper named on the contract of carriage, even where the contract with the carrier is held by TradeWind on your behalf (see Section 6.1). It is your responsibility to review and understand the applicable carrier terms before booking a shipment.

6.1 House Rates — TradeWind as Contracting Party

When you book a label on TradeWind House Rates (Section 4.1), the contract of carriage for that shipment is between TradeWind and the carrier. The carrier provides the underlying transportation service on TradeWind’s behalf and on TradeWind’s account — there is no direct contract between you and the carrier in respect of House Rate shipments. Your contract is with TradeWind, and the carrier’s tariff and terms of carriage form part of that contract.

Where the carrier is UPS, this arrangement is governed by the UPS Reseller Addendum to TradeWind’s transportation services agreement with UPS, and references in the UPS Tariff or UPS Terms and Conditions to the “shipper” are to be read as references to you (the TradeWind customer) for the purposes of operational compliance (e.g. packaging, prohibited items, customs accuracy) while the legal counterparty to UPS remains TradeWind. Claims handling under House Rate shipments is set out in Section 6.3.

6.2 Bring Your Own Account (BYOA)

When you book a label using credentials from a carrier account you hold in your own name (Section 4.2), the contract of carriage is between you and the carrier directly. TradeWind acts only as a technical interface to your account and is not a party to that contract of carriage.

6.3 Claims for Loss, Damage or Delay

For shipments booked on House Rates (including UPS House Rates), you must submit any claim for loss, damage, mis-delivery, delay or service failure to TradeWind in writing. The carrier will reject claims submitted directly by you and will redirect any such claim to TradeWind. TradeWind will then file the claim with the carrier on your behalf under the carrier’s claims process. Claim time limits, evidence requirements and value caps are governed by the carrier’s tariff and the Shipping Terms; we cannot extend them, and we are not liable beyond what the carrier reimburses to us in respect of your shipment.

For shipments booked on BYOA, you must submit claims to your carrier under your own agreement with that carrier. We can provide technical evidence (booking records, label data, tracking history) on request but are not the claimant.

6.4 Carrier Branding

Carrier names and service names (e.g. “UPS Worldwide Economy”) are used on TradeWind only descriptively to identify the underlying service being purchased. TradeWind does not claim affiliation, sponsorship or endorsement by any carrier beyond the reseller / interface relationships described in Sections 6.1 and 6.2.

6.5 Sub-Contractors and Third-Party Beneficiaries

We engage carriers, customs brokers, postal operators, line-haul partners, fulfilment warehouses and other sub-contractors to perform parts of the Service. You agree that the liability limitations, exclusions, indemnities and warranties given to TradeWind under these Terms (including Sections 4.1.1, 4.4, 4.5, 5, 7.1–7.5 and 11) extend equally to every such sub-contractor as a third-party beneficiary, and may be enforced by them directly under the Contracts (Rights of Third Parties) Act 1999 to the extent necessary to give effect to this clause. No other person has any rights under these Terms.

7. Liability Limitations

7.1 Platform Liability

TradeWind provides a technology platform for label generation. We are not liable for:

• Loss, damage, or delay of parcels in transit (these are the carrier’s responsibility)
• Carrier service failures, disruptions, or changes to carrier terms
• Customs delays, seizures, duties, or penalties imposed by any government authority, including where these result from an HS code, declared value, or other declaration you supplied
• Any difference between a duty estimate pre-charged under Section 3.7 and the final duty assessed by a customs authority
• Incorrect delivery resulting from addresses you provided
• Any consequential, indirect, or special damages arising from use of the Service

7.2 Maximum Liability

To the maximum extent permitted by law, our total aggregate liability to you for any claims arising out of or related to the Service shall not exceed the total fees paid by you to TradeWind in the 12 months preceding the claim.

7.3 No Exclusion of Statutory Rights

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

7.4 Indemnification by You

You agree to defend, indemnify and hold harmless TradeWind, TradeWind Shipping Limited, our affiliates, carrier partners, officers, employees, contractors and agents from and against any and all claims, demands, investigations, fines, penalties, duties, taxes, judgments, losses, costs (including reasonable legal fees) and damages arising out of or related to:

• The goods you ship through the Service, including but not limited to: product liability, personal injury, property damage, intellectual-property infringement (including counterfeit, parallel-import or trademark-infringing goods), breach of destination-country product or labelling regulations, and damage caused by inadequate packaging.
• Any inaccurate, incomplete, misleading or fraudulent customs declaration made by you or on your behalf through the Service, including duty / tariff / VAT reassessments, seizure costs, return-to-origin costs, and customs broker fees.
• Any breach by you of applicable export control, sanctions or anti-bribery laws, including but not limited to UK Export Control Act 2002, U.S. Export Administration Regulations, U.S. Office of Foreign Assets Control (OFAC) lists, EU dual-use regulations, and UN Security Council resolutions.
• Any carrier penalty, surcharge, billing adjustment, account suspension or account termination levied wholly or partly because of a shipment you booked — whether on TradeWind’s House Rate carrier accounts (Section 4.1.1) or on your own BYOA credentials.
• Your breach of these Terms, of any incorporated policy (Acceptable Use, Shipping Terms, Privacy Policy), or of any applicable carrier’s Terms and Conditions of Carriage (Section 6).
• Any third-party claim by your customer, the recipient of a shipment, or any other person arising from the contents, condition, value, classification, delivery or non-delivery of a parcel booked through the Service.

We will notify you of any claim subject to this indemnity and you will, at our request, assume sole control of the defence (subject to our right to participate at our own cost). You will not settle any claim that imposes any obligation on TradeWind without our prior written consent.

7.5 Sanctions and Restricted-Party Compliance

You represent and warrant that, for every shipment booked through the Service:

• The shipper, recipient, ultimate consignee, and any intermediate handler are not subject to UK, U.S., EU, or UN sanctions or export-control restrictions, and do not appear on any restricted-party list (including OFAC SDN / Entity List, OFSI Consolidated List, EU Consolidated Financial Sanctions List).
• The destination is not an embargoed country at the time of booking under any law applicable to TradeWind, TradeWind Shipping Limited, or our carrier partners.
• The goods are not controlled dual-use items that would require an export licence the merchant has not obtained.

Breach of this representation entitles TradeWind to immediately terminate your account under Section 11 and triggers the indemnity at Section 7.4. We may screen shipments against published restricted-party lists at our sole discretion but assume no obligation to do so; the obligation rests with you.

7.6 Time-Bar for Claims Against TradeWind

Any claim you bring against TradeWind that relates to a specific shipment, charge or booking — including without limitation claims for billing errors, refund disputes, alleged platform faults at the point of label generation, or alleged breach of these Terms in connection with a particular booking — must be raised in writing to privacy@tradewind.express within 60 days of the event giving rise to the claim. Claims notified after that period are time-barred and we have no obligation to investigate or compensate.

Carrier loss / damage / delay claims are governed by the applicable carrier’s own time limits as set out in the Shipping Terms, Section 10. Insurance claims under XCover are governed by the XCover policy. This Section 7.6 does not extend or override those carrier or insurer windows; it sets the cut-off for claims you direct at TradeWind itself.

8. Service Availability

8.1 Self-Service Accounts

We aim to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, carrier API outages, or circumstances beyond our control. No uptime guarantee or SLA is provided for self-service accounts.

8.2 Enterprise Accounts

Enterprise customers may be offered a Service Level Agreement (SLA) with defined uptime commitments and support response times, as agreed in a separate enterprise agreement.

8.3 API Access

API access is provided on an as-available basis. We may impose rate limits, require separate API agreements, or modify the API with reasonable notice. API documentation and rate limits will be communicated to API users.

9. Intellectual Property

All intellectual property rights in the Service, including the software, design, branding, documentation, and any proprietary technology, are owned by TradeWind Shipping Limited or its licensors. These Terms do not grant you any rights to use our trademarks, trade names, or branding without prior written consent.

You retain ownership of all data you upload to the Service (product catalogues, order data, etc.). You grant us a limited licence to process this data solely to provide the Service.

10. Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection legislation, including UK GDPR.

Where we process personal data on your behalf (e.g. your customers’ shipping addresses), we act as a data processor and you remain the data controller. You are responsible for ensuring you have a lawful basis to share your customers’ data with us.

11. Termination and Suspension

11.1 Termination by You

You may close your account at any time by contacting us. Upon closure, any outstanding balance must be settled. You will retain access to download shipment records for 30 days after account closure.

11.2 Termination or Suspension by Us

We may suspend or terminate your account immediately if:

• You breach these Terms or our Acceptable Use Policy
• You fail to pay outstanding charges
• We are required to do so by law or a regulatory authority
• Your use of the Service poses a risk to us, our carriers, or other users
• We reasonably suspect fraudulent activity on your account

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data in accordance with our Privacy Policy and any legal retention obligations. Provisions that by their nature should survive termination (including liability, intellectual property, and governing law) will continue to apply.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales.

12.2 Dispute Resolution

In the event of a dispute, both parties agree to attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may submit the dispute to the exclusive jurisdiction of the courts of England and Wales.

12.3 Alternative Dispute Resolution

For business customers within the EU/UK, you may also be entitled to use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr .

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, Shipping Terms, and Refund Policy, constitute the entire agreement between you and TradeWind Shipping Limited regarding the Service.

13.2 Severability

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

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in connection with a merger, acquisition, or sale of assets.

13.5 Amendments

We reserve the right to modify these Terms at any time. Material changes will be notified at least 14 days in advance via email or in-app notification. Continued use after the effective date constitutes acceptance.

13.6 Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than your obligation to pay sums when due) where that failure or delay results from events outside its reasonable control, including without limitation: acts of God, war, terrorism, civil unrest, riot, sanctions or trade restrictions newly imposed after booking, government action, fire, flood, severe weather, earthquake or other natural disaster, epidemic or pandemic and associated public-health measures, strike or industrial action (whether involving our workforce or that of a carrier or sub-contractor), customs or border closures, failure or congestion of carrier networks, postal-service disruption, internet, hosting, payment-processor or third-party API outages, cyber-attack or denial-of-service event, and any default by a carrier, broker or other sub-contractor arising from the foregoing. The affected party will use reasonable efforts to mitigate the impact and will resume performance as soon as reasonably practicable. If a force majeure event continues for more than 60 days, either party may terminate the affected Service on written notice without liability.

14. Contact

For questions about these Terms, please contact:

TradeWind Shipping Limited
Email: privacy@tradewind.express