Terms of Service

Effective Date: May 28, 2025

Last Updated: May 28, 2025

Legal Entity: EncargoGo, Inc. (Delaware, USA) and/or EncargoGo LATAM S.A.

Overview

EncargoGo enables shoppers in LATAM to purchase from U.S. retailers. We provide product discovery, final landed-cost calculation (DDP), payment processing, customs preparation, and cross-border logistics via partners (e.g., SkyPostal). In many cases, EncargoGo (or our agent) purchases on your behalf from the U.S. seller.

Eligibility & Accounts

• You must be 18+.
• Provide accurate info and keep credentials secure. You’re responsible for account activity.
• We may require KYC (government ID) to comply with import regulations.

Prices, FX & Calculator

• Pre-login estimates may differ from final totals.
• Final totals (DDP) are displayed after you confirm shipping address.
• Prices may change due to seller updates, weight/dimension variances, FX movements, or regulatory changes.
• We may place a pre-authorization hold; if the order cannot be fulfilled at the final price, we may cancel and release the hold.

Orders & Payment Authorization

• You authorize EncargoGo to act as your purchasing agent to buy items from U.S. sellers and to collect payment for product, shipping, duties, taxes, and service fees.
• Orders may be auto-canceled for suspected fraud, compliance issues, or pricing/availability errors.

Customs, Compliance & Import Restrictions

• You are responsible for ensuring the item is lawful to import into your country.
• We pre-assess duties/taxes; actuals may vary. Customs delays or seizures are outside our control.
• If customs requires additional paperwork/ID and you do not provide it, the order may be returned or destroyed per local law; refunds may be reduced by costs incurred.

Shipping, Risk & Delivery Confirmation

• Delivery times are estimates, not guarantees.
• Risk of loss transfers upon delivery confirmation (photo, signature, geoscan, or carrier confirmation).
• If marked "Delivered," EncargoGo is not liable for theft/loss after delivery.

Returns, Refunds & Cancellations

• Returns follow the original U.S. retailer’s policy; some items are non-returnable.
• EncargoGo service fees, duties/taxes, and international shipping are generally non-refundable (unless required by law).
• RMA and return instructions must be followed; unauthorized returns may be refused.

Prohibited or Restricted Items (Examples)

- Banned: flammables/aerosols, explosives, weapons, live animals, perishables, illegal drugs, counterfeit goods.

- Restricted (permits/limits may apply): lithium batteries, cosmetics with alcohol, certain electronics/RF devices, medical devices, supplements, drones. We reserve the right to cancel any order that appears non-compliant.

Intellectual Property & License

• Site, software, content, and AI outputs are owned by EncargoGo or licensors.
• You may not reverse-engineer, scrape, or misuse the site or data.

User Content & DMCA

• If you submit reviews or materials, you grant EncargoGo a license to use them.
• DMCA notices: Send removal requests to legal@encargogo.com with: your contact, work claimed, infringing URLs, good-faith statement, and signature.

Third-Party Services

Logistics and payments may be handled by partners (e.g., SkyPostal, Stripe). Those providers’ terms may apply. EncargoGo is not liable for their actions beyond what the law requires.

Warranty Disclaimer

Services are provided "AS IS" and "AS AVAILABLE." We disclaim all warranties (express/implied), including merchantability, fitness, non-infringement, and uninterrupted availability.

Limitation of Liability

To the fullest extent permitted by law:

• EncargoGo is not liable for indirect, incidental, special, punitive, or consequential damages.
• Our total liability is capped at the amount you paid for the applicable order/service.

Indemnity

You agree to defend, indemnify, and hold harmless EncargoGo and partners against claims arising from your misuse, unlawful imports, or breach of these terms.

Arbitration & Class-Action Waiver

• Binding arbitration (AAA Rules) in Miami-Dade County, Florida, USA, in English.
• No class actions: you waive the right to participate in class/collective proceedings.
• Small claims exception permitted in eligible courts.

Export Control & Sanctions

You agree not to use EncargoGo in violation of U.S. export control or OFAC sanctions.

Force Majeure

We are not responsible for delays/failures due to events beyond our control (e.g., customs actions, strikes, disasters, network failures).

Termination

We may suspend or terminate access for any violation or risk to users/compliance.

Changes

We may update these Terms; continued use means you accept the changes.

Contact

support@encargogo.com

EncargoGo Merchant Terms of Service

Effective Date: September 1, 2025

Last Updated: September 1, 2025

Acceptance of Terms

By submitting your store URL or connecting your catalog to EncargoGo, you agree to these Terms of Service.

Scope of Services

EncargoGo enables U.S. merchants to make their products discoverable to Latin American shoppers via our AI-powered search, SmartCalculator, and SkyPostal delivery network.

Catalog Indexing & Store Submissions

• By submitting your store URL, you grant EncargoGo permission to crawl, index, and display your publicly available product data (titles, images, descriptions, prices, and metadata).
• This applies even if you do not connect via API, feed, or other methods.
• You may disconnect at any time by emailing merchants@encargogo.com.

Accuracy & Compliance

Merchants are responsible for ensuring their product information is accurate, lawful, and not restricted for export to Latin America.

Order Fulfillment

When a LATAM shopper purchases through EncargoGo:

• EncargoGo will place the order directly with your store.
• You must fulfill within 2 business days and ship to EncargoGo’s U.S. hub.
• Tracking information must be provided.

Fees & Payouts

EncargoGo may charge a commission, flat fees, or subscription (as specified in your onboarding). Payouts are in USD.

Termination

EncargoGo reserves the right to suspend or remove merchant listings for violations of these terms or applicable laws.

Governing Law

These terms are governed by the laws of Delaware, U.S., or Panama, where EncargoGo operates.

EncargoGo Merchant Data Use Policy

Effective Date: September 1, 2025

Last Updated: September 1, 2025

Data We Collect

• Public product data from your website (titles, images, prices, descriptions, metadata).
• Data you provide via API, CSV, XML, JSON feed, or Amazon SP-API.
• Operational data such as SKU performance, order volumes, and delivery metrics.

How We Use Your Data

• To index and display your products to EncargoGo shoppers in Spanish/Portuguese.
• To calculate final landed costs (duties, taxes, shipping) for buyers.
• To process orders, notify SkyPostal, and complete deliveries.
• To generate anonymized insights for logistics and performance improvements.

What We Do Not Do

• We do not alter your listings or product data at the source.
• We do not access customer data from your store.
• We do not sell your data to third parties.

Consent & Control

• By submitting your store URL, you consent to EncargoGo indexing your public product catalog.
• You may disconnect or request deletion of indexed data at any time by emailing merchants@encargogo.com.

Security

All data is encrypted in transit and at rest. API and feed connections are read-only by default.

Retention

Data is retained only as long as your store is connected or your catalog is indexed, unless otherwise required by law.

Privacy Policy

Effective Date: May 28, 2025

Last Updated: May 28, 2025

We respect your privacy and comply with applicable laws (e.g., GDPR/CCPA where applicable).

Data We Collect

- Identity & Contact: name, email, phone, addresses, government ID (where required by law).

- Transaction & Logistics: orders, payments (via processors), tracking, delivery outcomes.

- Technical: device, browser, IP, cookies, usage analytics, approximate location (IP-based).

- Communications: WhatsApp/chat/email interactions, support tickets.

Why We Process Data (Lawful Bases)

- Contract: to fulfill orders and provide services.

- Legitimate Interests: fraud prevention, product improvement, analytics.

- Legal Obligation: customs, tax, KYC/AML (where required).

- Consent: marketing communications (opt-in) and certain cookies.

Sharing & Processors

Logistics partners (e.g., SkyPostal), payment processors (e.g., Stripe, dLocal), analytics (e.g., PostHog/GA4), CRM/support tools (e.g., WhatsApp Business/Twilio), cloud hosting, KYC providers (where used). We do not sell personal data.

International Transfers

Data may be transferred to the U.S. or other countries with safeguards (SCCs or equivalent).

Data Retention

Kept only as long as necessary for services, legal compliance, and dispute resolution.

Your Rights

• Access, correct, delete (where applicable).
• Object/restrict certain processing.
• Portability (where applicable).
• Opt-out of marketing at any time.
• Cookie controls in your browser or our preferences center (where available).

Contact: privacy@encargogo.com. We may verify identity before acting.

Security

HTTPS, least-privilege access, encryption at rest/in transit where feasible, PCI-DSS processors for payment.

Prohibited or Restricted Items (Examples)

Not intended for under 18.

Changes

We will post updates here. Continued use = acceptance.

Contact

privacy@encargogo.com

Shipping & Returns

Effective Date: May 28, 2025

Last Updated: May 28, 2025

A. Shipping Policy

Processing

1–3 business days after order confirmation (longer for KYC/ID verification if required).

Consolidation

Orders within 48 hours may be consolidated at our discretion.

Method & Timing (estimates)

Costs

Your total includes product, international shipping, duties/taxes, and EncargoGo fees—shown before payment.

Tracking

Provided via email/WhatsApp/account.

Delivery Confirmation

Signature/photo/scan acceptable. Two attempts; then depot pickup.

Address Accuracy

You must provide a complete address. Changes may be impossible once in transit and may incur fees.

Insurance

$100 default coverage; optional top-up at checkout (where available).

Force Majeure

Weather, customs, or operational issues may extend timelines.

B. Restricted / Prohibited Items

See ToS §8. We may cancel or hold orders for compliance review.

C. Returns & Refunds Policy

Eligibility

Based on the U.S. retailer’s policy. Some items are final sale.

Window

Typically request within 14 days of delivery (or per retailer policy).

RMA Required

Start via My Orders → Request Return and await approval/label.

Condition

Orders within 48 hours may be consolidated at our discretion.

Costs

International return freight, duties/taxes, and EncargoGo fees are non-refundable unless required by law. Restocking fees may apply per retailer.

Refunds

Issued 7–10 business days after the item is received and inspected by the retailer; to original method or store credit.

Damaged/Defective

Report within 3 days of delivery with photos; we’ll coordinate replacement/refund per retailer policy.

Refused/Unclaimed Packages

May be returned or destroyed by carrier/customs; refunds may be reduced or denied depending on recoverability of goods.

Cookies & Preferences

Effective Date: May 28, 2025

Last Updated: May 28, 2025

What we use

- Strictly Necessary: login, cart, session.

- Analytics/Performance: site usage (e.g., GA4/PostHog).

- Functional: language, currency.

- Marketing (optional): ad attribution (UTMs), retargeting.

Managing Preferences

• Use your browser settings to block/clear cookies.
• Where available, use our Cookie Preferences tool to toggle non-essential cookies.
• We honor valid opt-out signals where required by law. “Do Not Track” signals are not universally supported.

Accessibility Statement

Effective Date: May 28, 2025

Last Updated: May 28, 2025

EncargoGo is committed to accessibility and strives to meet WCAG 2.1 standards.

• Screen-reader friendly structure and ARIA labels
• Keyboard navigation support
• Sufficient color contrast and scalable text

Report an issue or request an accommodation: support@encargogo.com

We’ll respond promptly and work to resolve barriers.

Notices & Contact

- General support: support@encargogo.com

- Privacy requests: privacy@encargogo.com

- Legal/DMCA: legal@encargogo.com