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Legal

Terms

The agreement for businesses that use deliv, the rules for our text messages, and the terms for this website.

Terms and Conditions

Last updated: October 26, 2026

These Terms and Conditions (the “Terms”) are a binding agreement between PSMSM Logistics, Inc., a Georgia corporation doing business as “deliv” (“deliv,” “we,” “us,” or “our”), and the business that opens a deliv account or orders deliv services (“Merchant” or “you”). They govern your use of the deliv platform, apps, APIs, integrations, and services, including delivery orchestration, deliv Prime plans, On-Demand, Route, BrandTrack, and AdReach (together, the “Services”).

IMPORTANT:

  • deliv is not a carrier. Deliveries are performed by independent third-party carriers. deliv covers lost or damaged goods up to $100 per delivery; amounts above $100 are recoverable only from the carrier, up to the value you declare at checkout. Claims must be reported within 7 days (Section 9).
  • Section 19 requires individual binding arbitration of disputes and waives class actions.
  • Plans renew automatically each month until cancelled (Section 5).

You accept these Terms by clicking to accept, creating an account, booking a delivery, or using the Services. The person accepting confirms they are authorized to bind the Merchant. The Services are for businesses only, not for personal, family, or household use.

1. Definitions

  • “Carrier” means an independent third party that performs the physical pickup, transport, and delivery of a Shipment, including delivery networks such as Uber Direct, DoorDash Drive, and Roadie, local courier companies, and their drivers.
  • “Carrier Terms” means the terms, policies, prohibited-item lists, refund rules, and claims procedures of the Carrier assigned to a Shipment.
  • “Recipient” means the person to whom a Shipment is addressed or who receives it.
  • “Recipient Data” means personal information about Recipients that you provide or that is generated in delivering to them, such as name, phone number, email, delivery address, instructions, and proof-of-delivery records.
  • “Shipment” means the goods tendered for a single delivery.
  • “Order Form” means any signed order, quote, or plan selection in your account that references these Terms.
  • “Fees” means all amounts payable under these Terms, including plan fees, delivery prices, add-on fees, ad spend, and other charges.
  • “Merchant Data” means data you submit to the Services, including Recipient Data, order data, and your branding.
  • “Guaranteed” means a delivery booked with the Guaranteed option shown at booking, and “Guarantee” means the refund commitment in Section 8.2.
  • “Delivery speeds” are the options shown at booking. All times are in the market’s local time, and the service day runs from 8 AM to 8 PM.
    • “ASAP” means deliv sends a driver right away, targets pickup within 1 hour of booking, and has the driver go directly to the Recipient with no other stops. ASAP is available the same day until 8 PM and is always Guaranteed: its delivery window ends at the deliver-by time shown at booking.
    • “2 hour” and “4 hour” mean pickup at the time you choose and delivery within 2 or 4 hours, respectively, after that pickup time. That end time is the delivery window for a Guaranteed delivery.
    • “End of day” means pickup at the time you choose and delivery by 8 PM the same day. 8 PM is the delivery window’s end for a Guaranteed delivery.
    • Pickup times must be at least 30 minutes after booking. A speed may be unavailable for some distances or times, as shown at booking.
  • “Pricing page” means deliv’s pricing page at deliv.us/pricing, as updated from time to time.
  • “Service Data” means data generated by the Services about their operation, such as routing, timing, Carrier performance, pricing, and usage data.

2. What deliv does, and what it does not do

2.1 Technology and arranging service. deliv provides software and services that let you book deliveries, then selects, dispatches, monitors, and communicates about deliveries performed by Carriers. When you book a delivery, you appoint deliv as your limited agent solely to arrange transportation of the Shipment with a Carrier on your behalf and to pay the Carrier from the price you pay deliv.

2.2 Not a carrier. deliv is not a motor carrier, courier, freight forwarder, or bailee, and does not take possession, custody, control, or title of any Shipment. deliv does not employ, supervise, or control Carriers or their drivers, who are independent of deliv.

2.3 Carrier selection. deliv chooses the Carrier for each Shipment and may reassign or switch Carriers at any time, including to meet a delivery window. You choose the delivery band (for example ASAP, 2 hour, 4 hour, or End of day) and vehicle size, not the Carrier. deliv may stop offering any Carrier at any time, including if a Carrier ends or limits deliv’s access, without liability to you.

2.4 Carrier Terms apply. Each Shipment is subject to the Carrier Terms of the assigned Carrier, which deliv will make available on request. You agree to comply with the Carrier Terms that apply to your Shipments. If the Carrier Terms and these Terms conflict on prohibited items, packaging, weight, or claims, the stricter rule applies.

2.5 Title and risk. Title to and risk of loss of each Shipment remain with you, or pass from you to the Recipient under your sale terms, and never pass to deliv. You will state in your customer-facing terms that title and risk pass to your customer no later than when the Shipment is picked up from you.

2.6 Estimates. Delivery windows, estimated arrival times, and coverage maps are estimates unless a Guarantee in Section 8 expressly applies.

3. Your account

3.1 You must provide accurate, complete business information and keep it current. You are responsible for all activity under your account, for keeping credentials secure, and for your users’ compliance with these Terms. Tell us immediately at support@deliv.us about any unauthorized use.

3.2 We may verify your identity and business, check credit, and decline or limit any account in our discretion.

3.3 You may connect the Services to third-party systems such as Shopify, Square, WooCommerce, Lightspeed, or Clover. Your use of those systems is governed by their terms. deliv is not responsible for them, and you authorize deliv to access and exchange data with them as needed to provide the Services.

4. Booking and performing deliveries

4.1 Your responsibilities for each Shipment. You will: (a) provide accurate pickup and delivery addresses, Recipient contact details, Shipment description, value, size, and weight; (b) have the Shipment ready at the scheduled pickup time; (c) package and label it securely for local transport, sealed so that contents are protected under normal handling; (d) tender only Shipments that comply with the Prohibited and Restricted Items Policy in Exhibit A and the applicable Carrier Terms; and (e) for each Shipment, not exceed the size and weight limits of the vehicle booked, and not exceed 50 pounds per package unless deliv approves in writing under Exhibit A.2.

4.2 Refusal and inspection. deliv or a Carrier may refuse, hold, or return any Shipment that appears to violate these Terms, the Carrier Terms, or law, or that is unsafe. Carriers may inspect Shipments where law allows. Fees remain payable for refused Shipments caused by your non-compliance.

4.3 Proof of delivery. The Carrier’s or deliv’s record of delivery, including a photo, GPS location, timestamp, or signature, is conclusive evidence that the Shipment was delivered, absent clear evidence of error. Shipments you or the Recipient ask to be left unattended are left at your risk.

4.4 Failed and returned deliveries. If a Shipment cannot be delivered for a reason not caused by deliv or the Carrier (for example, a wrong address, an unavailable Recipient, a refused delivery, or a failed age check), you will pay the delivery price plus the return fee, and the Shipment will be returned to the pickup location or handled as you instruct.

4.5 Cancellations. You may cancel a delivery under the cancellation fee schedule in your account and on our Pricing page, which currently is: free before a driver is assigned; after a driver is assigned and before pickup, 50% of the delivery price, with a minimum of $10, but never more than the amount charged for the delivery; and the full amount charged for the delivery after pickup. Any return or wait-time fee is charged after the delivery and shown on your receipt or invoice.

4.6 Tips. Any tip you add is passed through in full to the Carrier or driver.

4.7 Recipient conduct and safety. You will not ask Carriers to perform services beyond delivery (such as assembly, installation, or payment collection) unless deliv offers that service in writing.

5. Plans, Fees, and payment

5.1 Plans. deliv offers On-Demand (no monthly fee), deliv Prime plans (currently Core, Growth, and Enterprise), Route, and add-ons, as described in your account and on our Pricing page. Features, eligibility, and limits are as shown there.

5.2 Delivery prices. You will see the price of each delivery before you book it. That price, plus any tip, return fee, cancellation fee, or wait-time fee described in Section 4, is what you pay for that delivery. The price includes Carrier costs; deliv does not itemize Carrier costs.

5.3 Automatic renewal. Monthly plans and add-ons begin on the date you select them and renew automatically for successive one-month periods, and you authorize us to charge the plan fee to your payment method at the start of each period, until you cancel. You may cancel at any time in Billing in your account or by emailing support@deliv.us. Cancellation takes effect at the end of the current paid period, and the plan remains available until then. Fees already paid are not refundable when you cancel, except where law requires. If you change your plan or remove an add-on during a period, the difference for the rest of that period is charged or credited on your next monthly bill.

5.4 Billing. On-Demand deliveries are charged to your payment method at booking. On Prime plans, plan and add-on fees are billed monthly in advance, and deliveries are billed weekly in arrears on an invoice issued each Monday. Invoices are due on receipt unless your Order Form states otherwise. You authorize deliv and its payment processor to charge your card or debit your bank account on file for all Fees when due.

5.5 Late payment. Overdue amounts accrue interest at 1.5% per month or the highest rate allowed by law, whichever is lower. If any amount is more than 10 days overdue after we notify you, we may suspend the Services until paid. You will pay reasonable costs of collection, including attorneys’ fees of 15% of the amount owed, subject to O.C.G.A. § 13-1-11.

5.6 Billing disputes. You must notify us of any billing dispute in writing within 30 days of the invoice or charge date, with the basis for the dispute. Undisputed amounts remain payable. Charges not disputed in that time are final.

5.7 Chargebacks. Initiating a chargeback for an undisputed or valid charge is a breach of these Terms. We may suspend the Services until it is resolved and recover any chargeback fees we incur.

5.8 Taxes. Fees exclude taxes. You will pay all sales, use, and similar taxes on the Services, except taxes on deliv’s net income.

5.9 Price changes. We will give you at least 30 days’ notice before increasing the fee for your plan or an add-on, effective at your next renewal after the notice period. Delivery prices may change at any time and apply to deliveries booked after the change; the price shown at booking applies to that delivery.

5.10 Promotions and credits. Free deliveries, referral credits, and promotional pricing have no cash value, are non-transferable, may expire, and are subject to the terms shown with the offer. We may revoke credits obtained by fraud or abuse.

6. BrandTrack

6.1 What it is. BrandTrack provides tracking pages, notifications, and receipts that display your name, logo, and colors instead of deliv’s or the Carrier’s.

6.2 License to your brand. You grant deliv a non-exclusive, royalty-free license during the term to use your names, logos, and brand assets to provide BrandTrack and other Services. You represent you have the rights to grant this license and that your brand assets do not infringe anyone’s rights.

6.3 Transactional content only. BrandTrack messages and tracking pages are for delivery information. You will not use them to deliver advertising, coupons, cross-sells, or incentivized review requests unless deliv offers that feature in writing and you have each Recipient’s prior express written consent where required. If deliv offers review requests, they must be sent to all Recipients on an equal basis; you will not use any feature to ask only satisfied customers for public reviews.

6.4 Disclosure. Tracking pages and each message to a Recipient will identify deliv (for example, “[Merchant] via deliv”) as the service provider and link to deliv’s Privacy Policy and SMS Terms. You will not ask deliv to remove those disclosures.

7. Recipient data, notices, and text messages

7.1 Roles. For Recipient Data, you are the controller (or “business”) and deliv is your processor (or “service provider”). Our Data Processing Addendum (“DPA”), at deliv.us/privacy#data-processing-addendum, is part of these Terms and governs that processing. Carriers receive Recipient Data needed to perform deliveries and process it under their own terms and privacy policies.

7.2 Your notice and permission duties. You represent and warrant that, for all Recipient Data you provide: (a) you collected it lawfully and gave each Recipient all notices the law requires, including that their information will be shared with delivery service providers and Carriers to fulfill and track their order and send delivery updates; (b) you have all consents and rights needed for deliv and Carriers to process it as described in these Terms, the DPA, and deliv’s Privacy Policy, including to send delivery texts and emails on your behalf; (c) your privacy policy discloses that sharing; and (d) you will promptly tell deliv of any Recipient opt-out, revocation, or privacy request that affects the Services; (e) you will keep records of each Recipient’s consent, and of each AdReach opt-in, for at least 5 years and give them to deliv within 5 business days of a request; and (f) your customer-facing terms and privacy policy will disclose that delivery texts are sent by deliv on your behalf.

7.3 Text messages. deliv sends delivery texts on your behalf from deliv-managed numbers. You will provide only mobile numbers Recipients gave you for the order being delivered. You will comply with the merchant responsibilities in Section C of deliv’s SMS Terms, which are part of these Terms. deliv will honor STOP and other opt-out requests across all merchants using the same sending number. You may not use the Services to send marketing texts unless deliv offers that feature in writing and Section 6.3 is met.

7.4 No other use of Carrier data. You will not use data you receive about Carriers or drivers, such as names, photos, phone numbers, or locations, for any purpose other than the delivery, and will not contact drivers off-platform.

8. Delay Notice and Guarantees

8.1 Delay Notice. For each delivery, deliv will use reasonable efforts to notify you promptly when it detects the delivery is off track. If checkout shows a Delay Notice credit when you book, and deliv does not notify you within the time shown there, you will receive that credit, issued the same way as the refunds in Section 8.2.

8.2 Guaranteed windows. If you book an ASAP delivery, or a 2 hour, 4 hour, or End of day delivery as “Guaranteed”, and it is delivered after the end of the guaranteed window for a reason within the control of deliv or its Carrier, you will receive a credit or refund of part or all of the delivery price, according to the refund tiers in effect at booking, measured from the end of the guaranteed window: 1 to 30 minutes late, 25% of the delivery price; 31 to 60 minutes, 50%; 61 to 120 minutes, 75%; more than 120 minutes, 100%. The delivery price excludes any optional tip and declared-value fee, and refunds never exceed it. Lateness is measured by deliv’s record of the delivery time. For deliveries paid when booked, refunds go back to your card; for deliveries billed on a weekly invoice, they are credited on your next weekly invoice. Credits are issued automatically; if a credit is not issued, you must request it within 14 days after the delivery.

8.3 Exclusions. Guarantees do not apply to delays caused by you or the Recipient (including late readiness, wrong or incomplete addresses, access restrictions, Recipient unavailability, or changes after booking), Shipments that violate Section 4 or Exhibit A, or Force Majeure Events (Section 21.4).

8.4 Sole remedy. THE CREDITS AND REFUNDS IN THIS SECTION 8 ARE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LATE, MISSED, OR FAILED DELIVERY. THEY NEVER INCLUDE THE VALUE OF GOODS OR ANY LOST SALE.

9. Lost or damaged goods

9.1 Included coverage up to $100. If a Shipment is lost or damaged while in a Carrier’s care, deliv will reimburse you for the lesser of (a) the actual value of the goods (your documented cost, or invoice value if you sold them, and not lost profit or retail markup) and (b) the value you declared at booking, up to $100 per delivery (“Included Coverage”). Included Coverage applies whether or not the Carrier pays the claim.

9.2 Declared value above $100. You may declare a value above $100 at checkout and pay the declared-value fee shown there. For any amount above $100, deliv will submit and pursue a claim with the Carrier under its Carrier Terms and pay or credit to you what the Carrier pays or credits to deliv specifically for your claim (including any delivery-fee refund), up to your declared value, within 30 days after deliv receives it. Amounts above $100 are recoverable only to the extent the Carrier pays them. Carrier decisions on claims are final as between you and deliv, and deliv has no obligation to bring legal action against a Carrier. The declared-value fee is not an insurance premium and is not refundable if a Carrier denies or reduces a claim.

9.3 How to claim. Report the loss or damage in your account or at support@deliv.us within 7 days after the delivery date (or, if the Shipment was never delivered, the scheduled delivery date), with photos of the item and packaging, proof of value such as an invoice, and any other information the Carrier requires. deliv will submit a complete claim to the Carrier within 2 business days after receiving all required information. Some Carriers’ own deadlines are short, so report as early as you can. Claims not reported within 7 days are waived.

9.4 What is not covered. Coverage under this Section does not apply to: items listed in Exhibit A, or restricted items shipped without approval; cash, gift cards, and negotiable instruments; goods not packed securely for transport; perishable goods that spoil; Shipments left unattended at your or the Recipient’s request, once the Carrier’s proof of delivery shows them delivered; concealed damage not reported within 7 days; loss caused by inaccurate information you provided; or any indirect loss, such as lost sales or customer goodwill.

9.5 Carrier coverage norms (for information only). Carrier coverage is set by each Carrier and can change without notice. As of the date above, published norms include: Roadie, protection up to $100 per delivery for eligible items, with optional paid coverage; Uber Direct and DoorDash Drive, refunds under their own refund rules, which may not cover the full value of goods.

9.6 Sole remedy; not insurance. THIS SECTION 9 STATES DELIV’S ENTIRE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR LOSS, THEFT, DAMAGE, SPOILAGE, OR MISDELIVERY OF ANY SHIPMENT OR ITS CONTENTS, HOWEVER CAUSED, INCLUDING BY THE NEGLIGENCE OF A CARRIER OR DRIVER, EXCEPT TO THE EXTENT CAUSED BY DELIV’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. deliv is not an insurer, and Included Coverage and declared value are not insurance. You are responsible for insuring your goods for their full value in transit.

10. AdReach

AdReach is governed by Exhibit B (AdReach Terms), which is part of these Terms when you order AdReach. AdReach is available only on plans where deliv offers it and only after deliv approves your request.

11. Acceptable use

You will not, and will not allow anyone to: (a) use the Services in violation of law, Carrier Terms, or these Terms; (b) ship items listed in Exhibit A without required approval; (c) resell, sublicense, or provide the Services to third parties, or use them to deliver for another business, without deliv’s written consent; (d) reverse engineer, copy, scrape, or build a competing product from the Services; (e) interfere with or circumvent security, rate limits, or access controls, or access the Services through automated agents except through deliv’s published API under its terms; (f) submit false information, harass drivers or staff, or use the Services for fraud; or (g) solicit a Carrier’s drivers to perform deliveries for you outside the Services for deliveries arranged through deliv.

12. Data and intellectual property

12.1 Your data. You own Merchant Data. You grant deliv a non-exclusive, worldwide, royalty-free license to host, use, copy, process, transmit, and display Merchant Data to provide, secure, support, and improve the Services, and as described in the DPA and Privacy Policy.

12.2 Service Data and aggregated data. deliv owns Service Data and may create and use aggregated or de-identified data derived from Merchant Data and Service Data for any lawful purpose, including analytics, benchmarking, pricing, and product development, provided it does not identify you or any individual. deliv will not attempt to re-identify de-identified data. deliv will not use one Merchant’s Recipient Data for another Merchant’s marketing or AdReach campaigns.

12.3 deliv’s property. deliv and its licensors own the Services, software, APIs, documentation, and the deliv, deliv Prime, BrandTrack, and AdReach names and marks. Subject to these Terms, deliv grants you a limited, non-exclusive, non-transferable right during the term to use the Services for your internal business purposes.

12.4 Feedback. You grant deliv a perpetual, irrevocable, royalty-free right to use any feedback or suggestions you provide, without obligation to you.

12.5 Publicity. deliv may identify you by name and logo as a customer in its marketing. You may opt out at any time by emailing support@deliv.us. Case studies and quotes require your approval.

13. Confidentiality

Each party will keep confidential the other party’s non-public information disclosed under these Terms that is marked or reasonably understood as confidential, use it only to perform under these Terms, and protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the recipient, was known to or independently developed by the recipient, or is lawfully received from a third party without restriction. A party may disclose confidential information if required by law, after giving notice where lawful. deliv pricing, Carrier rates, and non-public product information are deliv’s confidential information.

14. Your warranties

You represent and warrant that: (a) you are a business duly organized and in good standing; (b) you hold all licenses and permits required to sell and deliver your goods, including for any items listed in Exhibit A.2; (c) your goods, descriptions, and brand assets comply with law and do not infringe third-party rights; and (d) your collection and sharing of Recipient Data and your instructions to deliv comply with all applicable privacy, consumer protection, and telemarketing laws.

15. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND DELIV DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING. DELIV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DELIVERY WILL ARRIVE BY A PARTICULAR TIME (EXCEPT AS PROVIDED IN SECTION 8), OR THAT ADREACH WILL PRODUCE ANY PARTICULAR NUMBER OF IMPRESSIONS, VISITS, SALES, OR RESULTS. DELIV IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF CARRIERS, DRIVERS, RECIPIENTS, AD PLATFORMS, OR OTHER THIRD PARTIES.

16. Indemnification

16.1 By you. You will defend, indemnify, and hold harmless deliv, its affiliates, and their officers, directors, employees, and agents from and against all third-party claims, and related losses, damages, fines, penalties, settlements, costs, and reasonable attorneys’ fees, arising out of or relating to: (a) your goods, including product liability, and any Shipment that violates Exhibit A or law; (b) your breach of these Terms, including Sections 4, 7, 11, and 14 and Exhibit B; (c) your collection, use, or sharing of Recipient Data, including any claim that you lacked required notice or consent, and any claim under the Telephone Consumer Protection Act or any state privacy, telemarketing, or consumer protection law relating to data or numbers you provided or to your ad content; (d) your brand assets or ad creative; and (e) your relationships with your customers, including refunds, returns, and product complaints.

16.2 By deliv. deliv will defend you against any third-party claim that the deliv software, as provided by deliv and used in accordance with these Terms, infringes a United States patent, copyright, or trademark, and will pay damages finally awarded or agreed in settlement. This does not apply to claims arising from your data, brand assets, or creative, combinations with items not provided by deliv, or modifications not made by deliv. If such a claim occurs, deliv may modify the Services to be non-infringing or terminate the affected Service and refund prepaid unused fees. This Section states deliv’s entire liability for infringement claims.

16.3 Procedure. The indemnified party will notify the indemnifying party promptly of the claim, give it sole control of the defense and settlement (except that no settlement may impose a non-monetary obligation on the indemnified party without its consent), and reasonably cooperate at the indemnifying party’s expense.

17. Limitation of liability

17.1 EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, DELIV AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, CUSTOMERS, GOODWILL, OR DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THEIR POSSIBILITY.

17.2 CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DELIV AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO DELIV UNDER THESE TERMS, EXCLUDING AD SPEND, IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

17.3 Goods. Section 9 exclusively governs liability for lost or damaged goods (and Included Coverage under Section 9.1 is not reduced by Section 17.2), and Section 8 exclusively governs late or failed deliveries. Neither creates any liability beyond what those Sections state.

17.4 Exceptions. Sections 17.1 and 17.2 do not limit your payment obligations, your indemnification obligations, liability for a party’s gross negligence, willful misconduct, or fraud, or liability that cannot be limited by law.

17.5 Basis of the bargain. The parties agree that these limits are an essential basis of the bargain and that deliv’s Fees reflect them.

18. Term, suspension, and termination

18.1 Term. These Terms apply from when you accept them until all plans and Order Forms end and your account is closed.

18.2 Termination by you. You may close your account at any time after paying all amounts owed. Plan cancellation follows Section 5.3.

18.3 Termination by deliv. deliv may terminate these Terms or any Service on 30 days’ notice for any reason, and will refund any prepaid fees for the unused period. deliv may suspend or terminate immediately on notice if you breach Sections 4, 5, 7, or 11 or Exhibit A or B, if you become insolvent, if required by law or a Carrier, or if your use creates a security, safety, legal, or reputational risk to deliv, Carriers, or others.

18.4 Effect. On termination, your right to use the Services ends, all unpaid Fees become due, and deliveries already in progress will be completed or returned. For 30 days after termination you may request an export of your order data, after which deliv will delete or de-identify Merchant Data as described in the DPA. Sections 2.2, 2.5, 5, 7, 8.4, 9, 12.1 (for retained data), 12.2, 12.4, 13 through 17, 19, and 21, Exhibit A.3, and Exhibit B.7, B.9, and B.10, and any other terms that by their nature should survive, survive termination.

19. Dispute resolution and arbitration

19.1 Informal resolution. Before starting arbitration, a party must send written notice of the dispute and the relief sought to the other party (for deliv, to the legal notice address in Section 21.6) and try in good faith to resolve it for 30 days.

19.2 Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including their formation, scope, validity, or enforceability, will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules before a single arbitrator. The seat of arbitration is Atlanta, Fulton County, Georgia; hearings may be held by video. The Federal Arbitration Act governs this Section 19. Judgment on the award may be entered in any court with jurisdiction.

19.3 Class action waiver. EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of different merchants. If this waiver is found unenforceable for a claim, that claim must be brought in the courts named in Section 19.5, not in arbitration.

19.4 Exceptions. Either party may bring an individual action in small claims court, and either party may seek temporary or preliminary injunctive relief in court to protect its intellectual property, confidential information, or data, or to stop unauthorized use of the Services. deliv may also bring an action in court to collect unpaid Fees.

19.5 Venue for court actions. Any matter permitted in court will be brought exclusively in the state or federal courts located in Fulton County, Georgia, and each party consents to their jurisdiction.

19.6 Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, except claims for unpaid Fees. Shorter notice periods in Sections 5.6, 8.2, and 9.2 also apply.

19.7 Fees. The prevailing party in any arbitration or court action to enforce these Terms is entitled to recover its reasonable attorneys’ fees and costs.

20. Changes to these Terms

We may update these Terms. For material changes, we will notify you by email or in your account at least 30 days before they take effect. Other changes take effect when posted with a new “Last updated” date. If you do not agree to a change, you may cancel before it takes effect; continued use after the effective date means you accept it. Changes do not apply to disputes that arose before the change. Section 19 changes do not apply to any dispute of which deliv had notice before the change.

21. General

21.1 Governing law. These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules, and by the Federal Arbitration Act for Section 19.

21.2 Order of precedence. If documents conflict, this order controls: (1) a signed Order Form, for its specific subject; (2) the DPA, for processing of personal data; (3) Exhibit B, for AdReach; (4) these Terms; (5) the Pricing page and other referenced policies.

21.3 Independent contractors. The parties are independent contractors. Except for the limited agency in Sections 2.1 and 9.2, nothing creates a partnership, joint venture, agency, or employment relationship.

21.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as severe weather, natural disasters, fire, flood, epidemic, war, terrorism, civil unrest, labor actions, government orders, road closures, utility or internet failures, or failures of Carriers or third-party platforms (each a “Force Majeure Event”), except that failures of Carriers are not Force Majeure Events for purposes of Section 8. This does not excuse payment obligations.

21.5 Assignment. You may not assign these Terms without deliv’s written consent. deliv may assign them to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind permitted successors.

21.6 Notices. deliv may give notices by email to your account email or in your account. Legal notices to deliv must be sent by email to support@deliv.us with “Legal notice” in the subject line, and by mail or courier to PSMSM Logistics, Inc., Attn: Legal, Atlanta, Georgia.

21.7 Electronic records. You agree to receive agreements, notices, and invoices electronically, and that electronic acceptance is as binding as a signature.

21.8 Entire agreement; severability; waiver. These Terms, with the documents they reference, are the entire agreement on their subject and supersede prior agreements and any terms in your purchase orders. If a provision is unenforceable, it will be enforced to the maximum extent possible and the rest remains in effect. A failure to enforce is not a waiver. “Including” means “including without limitation.” Headings are for convenience.

21.9 Export and sanctions. You will not use the Services in violation of U.S. export or sanctions laws.

21.10 Third-party beneficiaries. There are none, except that deliv’s affiliates and personnel may enforce Sections 15 through 17.

Exhibit A: Prohibited and Restricted Items Policy

deliv’s policy must be at least as strict as the strictest Carrier it may route to. A Carrier’s own list may add items.

A.1 Prohibited (never accepted):

  • firearms, firearm parts, ammunition, explosives, fireworks, and weapons, including knives intended as weapons, stun guns, and pepper spray;
  • hazardous materials regulated by the U.S. Department of Transportation, including flammable, corrosive, toxic, or compressed-gas items, lithium batteries shipped loose, and fuel;
  • illegal goods, controlled substances, drug paraphernalia, and counterfeit or stolen goods;
  • marijuana and THC products, including hemp-derived THC products where restricted, and kratom;
  • prescription drugs and controlled medications;
  • cash, coins, gift cards, lottery tickets, money orders, checks, and other negotiable instruments;
  • live animals and human or animal remains;
  • people;
  • items that require refrigeration or special handling deliv has not approved in writing;
  • any package that does not fit the booked vehicle; and
  • any item a Carrier prohibits.

A.2 Restricted (only with deliv’s prior written approval and an eligible Carrier):

  • alcohol: you must hold all required licenses, label the Shipment as containing alcohol, and require ID verification of a sober Recipient aged 21 or older at handoff; never left unattended; returned at your cost if delivery cannot be completed;
  • tobacco, vape, e-cigarette, and nicotine products: deliveries only where lawful, with ID verification of a Recipient aged 21 or older; never left unattended;
  • CBD products compliant with federal and state law;
  • over-the-counter medications and supplements;
  • jewelry, watches, and other high-value items;
  • perishable food; and
  • fragile items, art, and antiques; and
  • any single package over 50 pounds.

A.3 Your responsibility. You are solely responsible for compliance with all laws on the sale and delivery of your goods, including age verification requirements, and for any loss from tendering a prohibited or restricted item without approval.

Exhibit B: AdReach Terms

B.1 What AdReach is. AdReach is an advertising service deliv provides with its affiliate AdRadii LLC and third-party advertising platforms (together, “Ad Partners”). It has two parts: (a) Delivery Retargeting: about two to three weeks after a delivery, your digital ads are shown to devices associated with the delivery address of an eligible Recipient; and (b) Geo-Conquesting: your digital ads are shown to devices that, according to location data Ad Partners obtain from consented sources, visited locations you select (such as competing stores).

B.2 Your instructions. By ordering AdReach you instruct deliv to disclose the delivery addresses of Eligible Recipients to AdRadii, and AdRadii to its Ad Partners, solely to run your campaigns. deliv and AdRadii act on your behalf for Delivery Retargeting and do not use your Recipient Data for any other merchant or for their own purposes, except for aggregated reporting and fraud prevention.

B.3 Eligible Recipients. A Recipient is an “Eligible Recipient” for Delivery Retargeting only if: (a) you obtained the Recipient’s affirmative opt-in consent, separate from your general terms and privacy policy, to receive online ads from you based on their delivery address, using consent language deliv approves (template in the AdReach onboarding guide) that discloses ads may be shown on devices associated with the Recipient’s household; (b) you pass that consent flag to deliv with the order; (c) the Recipient has not opted out through you, deliv, or AdRadii, and you did not receive a Global Privacy Control or other opt-out preference signal from the Recipient at checkout; and (d) the delivery address is not in a state or location where deliv has disabled Delivery Retargeting. deliv may disable Delivery Retargeting in any jurisdiction at any time, and currently does so for addresses in Maryland, Oregon, and any other state deliv designates.

B.4 Geo-Conquesting rules. You may select only commercial retail locations. deliv will not knowingly approve, and will contractually prohibit Ad Partners from geofencing: health care facilities, pharmacies, reproductive or sexual health providers, mental health and addiction services, places of worship, schools and child care centers, shelters and social services offices, government and military facilities, LGBTQ+ centers, political or union offices, and any other location deliv designates as sensitive, plus any minimum radius required by law or deliv policy. No geofence may be within 2,000 feet of any health care facility, including a store with a pharmacy or clinic. Geo-Conquesting is not available for locations in, or devices associated with residents of, Maryland, Oregon, and any other state deliv designates. Ad Partners must source location data only from providers that obtain consumers’ opt-in consent for location collection and advertising use, and may not use real-time bidstream data to build Geo-Conquesting audiences.

B.5 Excluded merchants and ads. AdReach is not available for, and your ads may not promote: alcohol, tobacco, vape, cannabis or CBD, firearms, adult content, gambling, health conditions, prescription or OTC medicine, financial services such as credit or lending, or employment, housing, or credit opportunities, or any other category deliv designates. Ads must not target or be directed to minors. deliv may reject or remove any creative or campaign at any time.

B.6 Your creative. You supply all ad creative and are solely responsible for it. You warrant your creative is truthful, not misleading, lawful, compliant with Ad Partner policies, and does not infringe third-party rights, and you grant deliv and Ad Partners a license to use it to run your campaigns.

B.7 Reporting. deliv will provide aggregate campaign reports (such as impressions, clicks, and attributed visits). You will not receive device identifiers, device-level location data, or the identity of people who saw your ads, and you will not attempt to identify them.

B.8 Fees and ad spend. AdReach Fees are as stated in your account or Order Form, which may include a platform fee, a per-delivery fee, and a percentage of ad spend. Ad spend is paid in advance or billed monthly as stated. Ad Partners’ delivery of impressions is not guaranteed, and unspent budget rolls over to the following month; it is not refunded in cash unless deliv agrees otherwise.

B.9 Data retention. Delivery addresses passed to AdRadii are deleted within 30 days after the audience is built. Device identifiers matched for your campaigns are deleted or de-identified within 90 days after the campaign ends.

B.10 Additional indemnity. Your indemnity in Section 16.1 includes claims arising from your failure to obtain or record valid Recipient consent, or your ad creative.

B.11 Suspension. deliv may suspend AdReach immediately if required by law, regulator guidance, an Ad Partner, or deliv’s reasonable judgment about privacy risk, and will credit prepaid unused AdReach fees.

Contact

PSMSM Logistics, Inc. d/b/a deliv · Atlanta, Georgia · support@deliv.us · +1-844-335-4824

SMS Terms

Last updated: October 26, 2026

These SMS Terms explain the text messages sent by PSMSM Logistics, Inc., a Georgia corporation doing business as “deliv” (“deliv,” “we,” “us”). They are part of our Website Terms of Use and our Terms and Conditions, and our Privacy Policy describes how we handle your phone number.

A. Delivery notification texts (for people receiving a delivery)

Program name: deliv Delivery Notifications. Each message identifies deliv (for example, “Store Name via deliv”).

What these texts are. When a business you ordered from (the “Merchant”) uses deliv to deliver your order, we send texts about that delivery on the Merchant’s behalf. Examples: order confirmed, driver on the way, estimated arrival, delay notice, delivered with proof-of-delivery photo, a delivery problem, or a request for delivery instructions. These texts are informational. They are not marketing, and we do not use this program to send advertising.

Why you get them. The Merchant gave us your mobile number because you provided it for your order. The Merchant is responsible for having your permission to share it for delivery updates.

How many. Message frequency varies by order, typically 1 to 6 texts per delivery. You will not receive delivery texts when you have no delivery in progress, except a single follow-up if a delivery problem needs your response.

Cost. Message and data rates may apply, according to your mobile plan. deliv does not charge you for these texts.

Stop. Reply STOP to any delivery text to stop receiving them. You may also reply END, CANCEL, QUIT, UNSUBSCRIBE, REVOKE, or OPT OUT, or tell us in any other reasonable way, including by emailing support@deliv.us. We will send one text confirming you have opted out and then stop. We honor opt-outs promptly and in any case within the time the law requires (currently no more than 10 business days). Opting out of deliv texts means you may miss real-time updates; you can still check status from the tracking link if you have it, or contact the Merchant.

Help. Reply HELP for help, or contact support@deliv.us or +1-844-335-4824.

Supported mobile carriers. Major U.S. mobile carriers are supported. Mobile carriers are not liable for delayed or undelivered messages.

Wrong number. If you get a delivery text you were not expecting, reply STOP, or tell us at support@deliv.us and we will remove the number.

B. Texts to merchants and prospects

Program name: deliv Business Messages.

If you give us your mobile number on a deliv form, in your deliv account, or in conversation, and you check the box or otherwise agree to receive texts, we may text you about:

  • Account and service messages: delivery status for orders you booked, exceptions that need action, billing notices, security codes, and support replies; and
  • Sales and marketing messages (only if you separately opted in to them): product updates, offers, and demo follow-ups. Consent to marketing texts is not a condition of buying anything.

Message frequency varies. Message and data rates may apply. Reply HELP for help. A STOP reply stops all texts from that number; our confirmation text will ask whether you want to keep receiving account and service texts. You can also manage marketing and service texts separately in your notification settings.

Opt-in wording used on deliv forms:

☐ I agree to receive account and service texts from deliv about my request and account. Msg frequency varies. Msg & data rates may apply. Reply STOP to opt out, HELP for help. See our SMS Terms and Privacy Policy.

☐ I also agree to receive marketing texts from deliv, sent using automated technology. Consent is not a condition of purchase.

Both boxes start unchecked.

C. Merchant responsibilities for recipient texts

These rules are part of Section 7.3 of the Terms and Conditions. If you are a Merchant using deliv:

  1. You will give deliv only mobile numbers that your customers provided to you in connection with the order being delivered, and you have all notices and permissions the law requires for deliv to text those customers about that delivery on your behalf.
  2. BrandTrack and delivery texts are transactional only. You will not use deliv to send marketing, promotional, review-request-with-incentive, or re-engagement texts unless deliv offers that feature in writing and you have each recipient’s prior express written consent, as required by the Telephone Consumer Protection Act (TCPA) and state laws such as those of Florida, Oklahoma, Maryland, and Washington.
  3. You will not ask deliv to text numbers that have opted out, and you will tell deliv promptly about any opt-out or revocation you receive directly.
  4. You will not submit content for texts that is unlawful, misleading, or that violates carrier or CTIA messaging guidelines, including content related to cannabis, CBD, firearms, tobacco or vape, alcohol, gambling, or high-risk financial offers, unless the content is a plain delivery-status message and deliv has approved it.
  5. You are responsible for claims arising from numbers or permissions you provided. See the indemnity in the Terms and Conditions.

D. Privacy

We do not sell or share mobile numbers or SMS opt-in data with third parties for their own marketing. Text-message originator opt-in data and consent will not be shared with any third parties, except service providers that help us send the messages (such as our SMS platform and mobile carriers) and the Merchant on whose behalf we sent the message. See our Privacy Policy for more.

E. Changes

We may update these SMS Terms by posting a new version with a new “Last updated” date. If a change materially affects how we text you, we will tell you before it applies where the law requires.

Contact

PSMSM Logistics, Inc. d/b/a deliv · Atlanta, Georgia · support@deliv.us · +1-844-335-4824

Website Terms of Use

Last updated: October 26, 2026

These Website Terms of Use (“Website Terms”) govern your use of deliv.us, track.deliv.us, and any other website or page that links to these Website Terms (together, the “Site”). The Site is operated by PSMSM Logistics, Inc., a Georgia corporation doing business as “deliv” (“deliv,” “we,” “us,” or “our”).

If you are a business that has opened a deliv account or ordered deliv services, our Terms and Conditions govern those services and control over these Website Terms if they conflict. If you received a delivery arranged by deliv and are viewing a tracking page, these Website Terms apply to your use of that page.

PLEASE READ SECTION 12 CAREFULLY. IT REQUIRES YOU TO RESOLVE MOST DISPUTES WITH US THROUGH INDIVIDUAL BINDING ARBITRATION, NOT A COURT, AND WAIVES YOUR RIGHT TO BRING OR JOIN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 12.7.

By accessing or using the Site, you agree to these Website Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Site.

1. Who may use the Site

You must be at least 18 years old, or the age of majority where you live, to use the Site. The Site is intended for users in the United States. If you use the Site on behalf of a business, you confirm you are authorized to bind that business to these Website Terms.

2. What the Site is for

The Site provides information about deliv’s delivery orchestration, BrandTrack, and AdReach services; lets businesses check coverage, request a demo, and contact us; and lets delivery recipients view the status of a delivery. Information on the Site, including coverage areas, pricing, delivery times, and performance figures, is general information. It is not an offer or a guarantee. Prices and service terms that bind deliv are only those in a merchant’s account and the Terms and Conditions.

Performance figures shown as targets are goals, not promises.

3. Tracking pages

A tracking page shows delivery status, estimated arrival, and similar details that the business that sent your order (the “Merchant”) and the delivery carrier provide. Estimated times are estimates. Questions about your order, the goods, refunds, or returns go to the Merchant, which is responsible for the sale. Do not share a tracking link with anyone you would not want to see the delivery details.

4. Your conduct

You agree not to:

  • use the Site for any unlawful purpose or in violation of these Website Terms;
  • submit false, misleading, or someone else’s information, or impersonate any person or business;
  • access or attempt to access a tracking page, account, or data that is not yours;
  • scrape, crawl, harvest, or collect data from the Site by automated means, except standard search-engine indexing that follows our robots.txt;
  • interfere with, overload, probe, or test the vulnerability of the Site or bypass any security or access control;
  • introduce malware or any harmful code;
  • copy, frame, or mirror the Site, or use it to build a competing product; or
  • use the Site to send spam or unsolicited communications.

5. Information you submit

When you submit a form (for example, a demo request, coverage check, or contact message), you confirm the information is accurate and that you have the right to give it to us. We handle it as described in our Privacy Policy. If you give us a phone number, our SMS Terms describe how we may text you and how to stop.

If you send us ideas, suggestions, or feedback, we may use them without any obligation to you.

6. Intellectual property

The Site and its content, including text, graphics, logos, the names “deliv,” “deliv Prime,” “BrandTrack,” and “AdReach,” software, and design, are owned by deliv or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for its intended purposes. No other rights are granted. Merchant names and logos shown on tracking pages belong to those Merchants.

The Site may link to or embed third-party websites and services (for example, scheduling, maps, chat, or payment tools). We do not control them and are not responsible for their content, terms, or privacy practices. Your use of them is at your own risk and subject to their terms.

8. Changes and availability

We may change, suspend, or discontinue any part of the Site at any time. We may update these Website Terms by posting a new version with a new “Last updated” date. Changes apply from that date and do not apply to a dispute that arose before the change. Your continued use of the Site after a change means you accept it.

9. Disclaimer of warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, DELIV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT TRACKING INFORMATION OR ESTIMATED TIMES WILL BE ACCURATE OR CURRENT.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) DELIV AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR THESE WEBSITE TERMS; AND (B) DELIV’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE WEBSITE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

THESE LIMITS APPLY TO ANY THEORY OF LIABILITY, EVEN IF DELIV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITS, SO SOME OF THEM MAY NOT APPLY TO YOU. NOTHING IN THESE WEBSITE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

This section covers the Site only. Liability for delivery services is governed by the Terms and Conditions between deliv and the Merchant.

11. Indemnity

You will defend, indemnify, and hold harmless deliv and its officers, directors, employees, and agents from any third-party claim, loss, liability, and expense (including reasonable attorneys’ fees) arising from your misuse of the Site or your violation of these Website Terms or of law.

12. Dispute resolution and arbitration

12.1 Informal resolution first

Before starting arbitration or a court case, you and deliv agree to try to resolve the dispute informally for at least 60 days. Send a written notice describing the dispute and the relief sought to support@deliv.us with “Legal notice” in the subject line, or by mail to PSMSM Logistics, Inc., Attn: Legal, Atlanta, Georgia. We will send notices to the contact information we have for you. Any limitations period is paused during this 60-day period.

12.2 Agreement to arbitrate

Except as provided in Section 12.4, any dispute, claim, or controversy between you and deliv arising out of or relating to the Site or these Website Terms (a “Dispute”) will be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act governs this Section 12. The arbitrator, and not any court, decides questions about the scope, enforceability, and arbitrability of this Section 12, except that a court decides questions about Section 12.5 (class waiver) and Section 12.6 (mass arbitration).

12.3 Arbitration rules and procedure

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules if you are an individual using the Site for personal purposes, or its Commercial Arbitration Rules otherwise, as modified by this Section 12. The arbitration will take place in Fulton County, Georgia, or by video or written submissions, or, for an individual consumer, in the county where you live. For individual consumer claims, deliv will pay any filing, administration, and arbitrator fees above what you would pay to file in court, unless the arbitrator finds your claim frivolous. The arbitrator may award any individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent needed to resolve that party’s individual claim.

12.4 Exceptions

Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek an injunction in court to stop infringement or misuse of intellectual property or unauthorized access to the Site.

12.5 Class action waiver

YOU AND DELIV MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this class waiver is found unenforceable as to a claim, that claim will proceed in court (not arbitration) and will be stayed until any individual arbitration is complete.

12.6 Mass arbitration

If 25 or more similar Disputes are filed against deliv by or with the help of the same or coordinated counsel, they will be administered under the AAA Mass Arbitration Supplementary Rules.

12.7 30-day right to opt out

You may opt out of this arbitration agreement by emailing support@deliv.us, with “Arbitration opt-out” in the subject line, within 30 days after you first accept these Website Terms, with your name, contact information, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Website Terms.

12.8 Jury trial

13. Governing law and venue

These Website Terms are governed by the Federal Arbitration Act and the laws of the State of Georgia, without regard to conflict-of-law rules. For any Dispute not subject to arbitration, you and deliv consent to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia.

14. General

These Website Terms, together with the Privacy Policy and any terms they reference, are the entire agreement between you and deliv about the Site. If any provision is unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Website Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Headings are for convenience only. “Including” means “including without limitation.”

15. Contact

PSMSM Logistics, Inc. d/b/a deliv Atlanta, Georgia support@deliv.us · +1-844-335-4824