Last Updated: June 13, 2026
These Terms of Service (the "Terms") are a binding agreement between you and MILKYWAY X, INC. ("Milkyway," "we," "us," or "our") governing your access to and use of Milkyway's websites, Shopify application, software, APIs, dashboard, delivery request tools, communications, and related technology services that help coordinate local delivery requests through third-party courier networks (collectively, the "Platform").
By accessing or using the Platform, creating an account, installing the Shopify application, enabling any Milkyway service, or submitting any Delivery Request, you agree to these Terms. If you do not agree, do not use the Platform.
If you use the Platform on behalf of a business, you represent that you have authority to bind that business, and "you" includes that business.
1. Definitions
Merchant means a business user submitting a Delivery Request through the Platform.
Receiver means the intended recipient listed on a Delivery Request.
Courier or Service Provider means an independent third-party delivery provider that performs pickup, delivery, return, or related courier services. Couriers are not employed by Milkyway.
Delivery Request means a request submitted through the Platform to coordinate pickup, delivery, return, transfer, or related local courier service.
Declared Value means the value entered by the Merchant at the time the Delivery Request is submitted.
Provided Address means the pickup or delivery address submitted by the Merchant, including apartment, suite, unit number, business name, access information, and delivery instructions.
Safe Drop-off Zone means a location or method reasonably intended to reduce theft or damage, such as a gate code, concierge or front desk, secure mailroom, lockbox, concealed location, or specific placement instructions.
PPOD means Photo Proof of Delivery associated with a Delivery Request.
Delivery Timestamp means the date and time recorded in Milkyway's system when a delivery is marked complete.
Successful Completion means a delivery confirmed by PPOD and Delivery Timestamp, subject to the exceptions expressly stated in the Package Protection Terms.
Package Protection means Milkyway's optional, limited contractual reimbursement service, governed by the Package Protection Terms.
Package Protection Service Fee means the flat, non-refundable service fee paid to enable Package Protection for a specific Delivery Request.
Reimbursement Request means a request for reimbursement under the Package Protection Terms. A Reimbursement Request is not an insurance claim.
Prohibited Items & Community Guidelines means Milkyway's prohibited item, restricted item, safety, courier eligibility, and marketplace conduct rules, as updated from time to time.
2. The Platform Is Not a Carrier, Courier, Bailee, or Insurer
2.1 Platform only. Milkyway provides a technology platform that helps Merchants coordinate local delivery requests through independent third-party courier networks. Milkyway is not a carrier, courier, common carrier, bailee, warehouse, freight forwarder, logistics provider, insurer, insurance producer, or insurance provider.
2.2 No physical custody. Milkyway does not take physical custody of packages and does not directly handle, store, transport, or control packages. Packages are handled by independent third-party Couriers or courier networks.
2.3 No delivery guarantee. Pickup times, delivery times, delivery windows, ETAs, pricing estimates, and courier availability are estimates only. Milkyway does not guarantee pickup times, delivery times, delivery windows, courier availability, courier acceptance, or courier performance.
2.4 Independent Couriers. Couriers are independent third parties. Milkyway does not employ, supervise, direct, or control Couriers and does not operate a dedicated delivery fleet.
2.5 Third-party courier rules. Delivery Requests may be subject to third-party courier network rules, availability, pricing, safety restrictions, package limits, and service limitations. Milkyway may reject, cancel, modify, or decline to submit a Delivery Request where required by courier network rules, applicable law, safety concerns, or Platform limitations.
3. Eligibility, Accounts, and Authorized Use
3.1 Business use. The Platform is intended for use by businesses and authorized business representatives. You may not use the Platform if you are not authorized to act for the Merchant account or business you represent.
3.2 Account security. You are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under your account.
3.3 Accurate account information. You agree to provide accurate, complete, and current information in connection with your account, business profile, billing information, pickup locations, delivery locations, and Delivery Requests.
3.4 Lawful use. You will use the Platform only for lawful business purposes and in compliance with all applicable laws, rules, regulations, courier network requirements, these Terms, the Package Protection Terms, and the Prohibited Items & Community Guidelines.
3.5 Suspension and termination. Milkyway may suspend or terminate access to the Platform at any time if Milkyway reasonably believes you violated these Terms, the Package Protection Terms, the Prohibited Items & Community Guidelines, applicable law, courier network rules, or if continued access may create risk for Milkyway, Couriers, Merchants, Receivers, or the public.
4. Package Restrictions and Prohibited Items
4.1 Weight and size limits. Unless Milkyway states otherwise in writing or in the Platform, packages must not exceed 30 pounds per trip and must fit safely in a standard mid-size vehicle trunk.
4.2 Declared value cap. You may not submit a Delivery Request for any package with a Declared Value exceeding $500 USD. Any shipment above this cap is prohibited and ineligible for Package Protection.
4.3 Prohibited items. You may not use the Platform to transport any prohibited or restricted items identified in Milkyway's Prohibited Items & Community Guidelines, including items regulated as hazardous materials under U.S. DOT rules, illegal items, weapons or ammunition, pharmaceuticals, over-the-counter medicines, vitamins, supplements, tobacco, nicotine products, recreational drugs, cash, securities, stolen goods, certain perishables, temperature-sensitive goods, or any other restricted categories identified by Milkyway or applicable courier networks.
4.4 Not exhaustive. The prohibited and restricted item list is not exhaustive. Milkyway may prohibit additional items to protect marketplace safety, comply with courier network rules, comply with applicable law, or reduce operational risk.
4.5 Consequences of prohibited items. Submitting prohibited, restricted, unlawful, misdescribed, or over-value items may void eligibility for Package Protection, result in cancellation of the Delivery Request, immediate suspension or termination of your account, refusal by courier networks, additional fees, and indemnity obligations under these Terms.
5. Merchant Responsibilities, Packaging, and Delivery Instructions
5.1 Merchant responsibility. Merchants are solely responsible for accurately describing shipment contents, confirming items are lawful and permitted, entering accurate Declared Value, entering accurate pickup and delivery information, and complying with these Terms, the Package Protection Terms, the Prohibited Items & Community Guidelines, and courier network requirements.
5.2 Secure packaging requirement. Merchants must securely seal, cushion, and package items for last-mile delivery conditions. Damage caused by inadequate packaging, including thin-walled boxes, insufficient padding, unsealed packaging, improper labeling, or failure to protect fragile items, is not eligible for Package Protection.
5.3 Declared Value required. Declared Value must be entered at the time the Delivery Request is submitted. Shipments with no Declared Value are ineligible for Package Protection.
5.4 Delivery instructions are required where applicable. Merchants must provide complete and accurate delivery instructions for each Delivery Request, including, as applicable:
- apartment, unit, suite, or floor number;
- business name or recipient name;
- gate code, callbox instructions, or access details;
- concierge, front desk, or mailroom instructions;
- contact instructions where permitted;
- a specific Safe Drop-off Zone where permitted; and
- any other information reasonably needed for secure delivery.
5.5 Public-area drop-off authorization and risk allocation. If the Merchant fails to provide secure access or complete instructions, and the only practical drop-off option is a public-facing area, such as a gate, sidewalk, exterior entrance, lobby, public mail area, or similarly exposed location, the Merchant authorizes the Courier to leave the package at the most accessible point permitted by the courier network. In those circumstances, the Merchant assumes the risk of theft, weather damage, tampering, or loss after drop-off.
5.6 Receiver availability. The Merchant is responsible for ensuring the Receiver is available, reachable, and able to accept delivery where the Delivery Request requires handoff, signature, access, or recipient action
6. Fees, Billing, and Taxes
6.1 Fees. Platform fees may include subscription fees, per-delivery service fees, return fees, failed delivery fees, re-delivery fees, cancellation fees, courier-network fees, and optional add-on fees, including the Package Protection Service Fee.
6.2 Pricing changes. Pricing may change at any time. The applicable price for a Delivery Request is the price shown or made available through the Platform at the time the Delivery Request is submitted, unless otherwise stated in writing by Milkyway.
6.3 Package Protection Service Fee. If Package Protection is enabled for a Delivery Request, the Package Protection Service Fee, currently $1.99 per Delivery Request, is non-refundable once the Delivery Request is submitted, including where a Reimbursement Request is denied or no Reimbursement Request is filed, except where required by law.
6.4 Taxes. You are responsible for applicable taxes, duties, and governmental assessments associated with your business, Delivery Requests, and use of the Platform.
6.5 Failed payments. Milkyway may suspend access to the Platform, cancel pending services, or limit account functionality if payment fails, billing information is inaccurate, or amounts remain unpaid.
7. Package Protection, Not Insurance
7.1 Optional contractual reimbursement service. Package Protection is an optional, limited contractual reimbursement service offered directly by Milkyway. It is governed exclusively by the then-current Package Protection Terms.
7.2 Not insurance. Package Protection is not insurance. It is not an insurance policy, insurance product, surety, warranty, or guarantee of delivery. Milkyway is not an insurer, insurance producer, or insurance provider. Package Protection does not insure the Merchant, the Receiver, or any package, and it creates no insurable interest, regulated insurance product, or insurance coverage of any kind.
7.3 Package Protection Terms govern. If Package Protection is enabled, the Package Protection Terms are incorporated into these Terms by reference. If these Terms conflict with the Package Protection Terms on matters specific to Package Protection eligibility, reimbursement amount, exclusions, documentation, review, timing, or payment, the Package Protection Terms control for those matters.
7.4 Reimbursement basis. If all eligibility requirements are met, reimbursement is calculated under the Package Protection Terms and is based on the lesser of the Merchant's documented cost of goods, Declared Value, the applicable plan limit, and the maximum cap stated in the Package Protection Terms. Reimbursement excludes retail markups, taxes, shipping fees, delivery fees, duties, discounts, restocking costs, chargebacks, lost sales, lost profits, and consequential or indirect losses.
7.5 Maximum cap. Under no circumstances will reimbursement under Package Protection exceed $500 USD per Delivery Request.
7.6 Exclusions. Package Protection does not cover prohibited or excluded items, losses due to delay or missed delivery windows, spoilage, temperature sensitivity, perishable degradation, lost sales, chargebacks, customer dissatisfaction, theft after valid PPOD, or any other excluded loss stated in the Package Protection Terms.
7.7 Reimbursement deadline and evidence. Reimbursement Requests must be submitted within three (3) business days of the Delivery Timestamp. For a package that is never delivered and therefore has no Delivery Timestamp, the Reimbursement Request must be submitted within three (3) business days of the scheduled delivery date. Required evidence is governed by the Package Protection Terms.
8. Photo Proof of Delivery, Finality, and Transfer of Risk
8.1 Successful Completion. A delivery is deemed Successfully Completed when the Courier marks it complete and uploads PPOD showing the package at the Provided Address, recorded with the Delivery Timestamp, subject to the exceptions stated in the Package Protection Terms.
8.2 Transfer of risk after PPOD. After Successful Completion, risk of loss or theft transfers to the Merchant and/or Receiver. Theft occurring after a documented drop-off, including porch piracy, is not eligible for reimbursement under Package Protection.
8.3 Exceptions. The finality safe harbor does not apply where PPOD shows delivery to an incorrect address or unit, or where the Courier materially deviated from the Merchant's provided delivery instructions, as described in the Package Protection Terms.
8.4 No PPOD. If no PPOD is uploaded, the delivery is not deemed Successfully Completed for Package Protection purposes, and an otherwise eligible Reimbursement Request may proceed under the Package Protection Terms.
9. Delivery Failures, Returns, Cancellations, and Additional Fees
9.1 Undeliverable deliveries. If a Courier cannot complete delivery because of inaccurate address information, missing access details, Receiver unavailability, refusal, safety concerns, prohibited items, courier network limitations, or other issues, the courier network may attempt a return to sender or follow its own handling rules.
9.2 Fallback handling. If return is not possible, the courier network may leave the package at the pickup location, delivery location, or another location permitted by courier network rules, safety considerations, and applicable law.
9.3 Additional fees. You may be charged additional fees associated with failed deliveries, return attempts, re-delivery, cancellation, waiting time, address correction, courier-network handling, or other operational exceptions.
9.4 Cancellation. Cancellation availability, timing, and fees may depend on courier network rules and whether a Courier has accepted, arrived, picked up, or started the Delivery Request.
9.5 No guarantee of return. Milkyway does not guarantee that an undeliverable package can be returned, re-delivered, or recovered.
10. SMS Notifications and Communications
10.1 Operational messages. Milkyway may send operational messages related to Delivery Requests, including email, dashboard notifications, and SMS messages for users, Merchants, Receivers, or other contacts involved in a Delivery Request.
10.2 Receiver contact information. If you provide a Receiver's phone number, email address, or other contact information, you represent that you have the right to provide it and that any required consent has been obtained for delivery-related operational communications.
10.3 STOP and HELP. Recipients may opt out of SMS by replying STOP and may request help by replying HELP. Standard message and data rates may apply.
10.4 Effect of opt-out. If a recipient opts out or revokes consent to receive messages, Milkyway will treat the revocation as effective upon receipt and may be unable to provide certain delivery notices.
10.5 No marketing consent by default. Operational delivery messages are intended to support Delivery Requests. These Terms do not require any Receiver to consent to unrelated marketing messages.
11. Intellectual Property
11.1 Ownership. Milkyway and its licensors own the Platform, including software, interfaces, workflows, designs, text, graphics, logos, trademarks, data models, documentation, and related intellectual property.
11.2 Limited license. Subject to these Terms, Milkyway grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your internal business purposes.
11.3 Restrictions. You may not copy, modify, reverse engineer, decompile, scrape, crawl, resell, sublicense, rent, lease, exploit, interfere with, or attempt to gain unauthorized access to the Platform, except as expressly permitted in writing by Milkyway.
11.4 Feedback. If you provide feedback, suggestions, ideas, or recommendations about the Platform, you grant Milkyway the right to use them without restriction or compensation.
12. Data, Integrations, and Third-Party Services
12.1 Integrations. The Platform may integrate with third-party services, including Shopify, payment processors, courier networks, analytics tools, mapping providers, messaging providers, and other software or infrastructure providers.
12.2 Third-party acts and outages. Milkyway is not responsible for third-party outages, errors, delays, data issues, platform changes, courier network limitations, or acts or omissions of third-party providers.
12.3 Merchant data. You are responsible for the accuracy, legality, and completeness of data you provide to the Platform, including order data, customer information, delivery addresses, contact information, item information, and Declared Value.
12.4 Privacy. Milkyway's collection, use, and handling of personal information is described in Milkyway's Privacy Policy. By using the Platform, you acknowledge the Privacy Policy.
13. Indemnification
You agree to indemnify, defend, and hold harmless Milkyway and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- your breach of these Terms, the Package Protection Terms, the Privacy Policy, or the Prohibited Items & Community Guidelines;
- shipment of prohibited, restricted, unlawful, misdescribed, or unsafe items;
- inaccurate Declared Value, misrepresentation of contents, inaccurate addresses, incomplete delivery instructions, or missing access details;
- your relationship or dispute with any Courier, Receiver, customer, consumer, vendor, government authority, or third party;
- your violation of any law, regulation, courier network rule, or third-party right;
- your failure to obtain required Receiver consent for delivery-related communications; or
- your use or misuse of the Platform.
14. Disclaimers
14.1 Platform provided as-is. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Milkyway disclaims all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and reliability.
14.2 No warranty of Couriers. Milkyway does not guarantee the quality, suitability, safety, availability, timeliness, or ability of Couriers or courier networks.
14.3 No uninterrupted service. Milkyway does not warrant that the Platform, courier networks, integrations, notifications, tracking, dispatch, or delivery services will be uninterrupted, timely, secure, error-free, or available in any particular location.
14.4 Third-party services. Milkyway is not responsible for third-party services, courier network performance, courier acts or omissions, Shopify outages, payment processor issues, mapping errors, messaging delays, or other third-party failures.
15. Limitation of Liability
The limitations in this Section 15 apply except to the extent prohibited by applicable law or arising from Milkyway's gross negligence, willful misconduct, or fraud.
15.1 Liability cap. To the maximum extent permitted by law, Milkyway's total aggregate liability arising out of or related to the Platform, any Delivery Request, Package Protection, these Terms, or any related service will not exceed $500 USD.
15.2 Exclusion of damages. To the maximum extent permitted by law, Milkyway will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for lost profits, lost revenue, lost sales, lost data, loss of goodwill, reputational harm, business interruption, chargebacks, customer dissatisfaction, procurement of substitute services, or other commercial loss.
15.3 Package Protection cap. If Package Protection is active and all conditions are met, Milkyway's responsibility for a Delivery Request is strictly capped at the reimbursement amount calculated under the Package Protection Terms, not to exceed $500 USD per Delivery Request.
15.4 No Package Protection. Any Delivery Request submitted without Package Protection enabled and the Package Protection Service Fee paid is sent at the Merchant's risk. Where Package Protection is not active, Milkyway has no financial responsibility for package contents and no reimbursement of contents or delivery fees will be issued.
15.5 Allocation of risk. The parties acknowledge that this Section 15 reflects a reasonable allocation of risk and that fees charged by Milkyway would be higher without these limitations.
15.6 Jurisdictional limits. Some jurisdictions do not allow certain limitations or exclusions. In those jurisdictions, Milkyway's liability will be limited to the maximum extent permitted by law.
16. Dispute Resolution, Arbitration, and Class Action Waiver
16.1 Informal resolution first. Before filing a claim, you agree to contact Milkyway at support@milkywaydelivery.com and attempt to resolve the dispute informally for at least thirty (30) days.
16.2 Binding individual arbitration. Except for eligible small-claims matters, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, Package Protection, or any Delivery Request will be resolved by binding individual arbitration, not in court.
16.3 Administrator and rules. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, or other AAA rules determined appropriate by AAA for the dispute.
16.4 Venue. The arbitration will take place in Los Angeles County, California, unless the parties agree otherwise.
16.5 No class actions. You and Milkyway agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, private attorney general, or other representative proceeding.
16.6 Small claims. Either party may bring an individual matter in small-claims court instead of arbitration if it qualifies.
16.7 Injunctive relief. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its rights pending completion of arbitration.
16.8 Jury trial waiver. To the extent any dispute is litigated in court, you and Milkyway waive the right to a jury trial.
16.9 Class waiver enforceability. A court of competent jurisdiction, not an arbitrator, will decide the enforceability of the class-action waiver. If the class-action waiver is found unenforceable as to any matter, that matter proceeds in court and the remainder stays in arbitration.
17. Changes to the Platform and Terms
17.1 Platform changes. Milkyway may modify, suspend, discontinue, replace, or limit any part of the Platform at any time.
17.2 Terms updates. Milkyway may update these Terms by posting a revised version on the website or otherwise making the revised Terms available. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance.
17.3 Package Protection Terms. Milkyway may update the Package Protection Terms from time to time. The version in effect when a Delivery Request is submitted applies to that Delivery Request.
17.4 Policy hierarchy. If these Terms conflict with the Package Protection Terms for matters specific to Package Protection eligibility, reimbursement amount, exclusions, documentation, review, timing, or payment, the Package Protection Terms control for those matters.
18. Governing Law
These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of arbitration provisions.
19. Miscellaneous
19.1 Severability. If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect.
19.2 Assignment. You may not assign these Terms without Milkyway's prior written consent. Milkyway may assign these Terms freely, including in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, or by operation of law.
19.3 No waiver. Milkyway's failure to enforce any provision is not a waiver of its right to enforce that provision later.
19.4 Entire agreement. These Terms, together with the Privacy Policy, Package Protection Terms, and Prohibited Items & Community Guidelines, constitute the entire agreement regarding your use of the Platform and supersede prior or contemporaneous understandings on that subject.
19.5 Headings. Section headings are for convenience only and do not affect interpretation.
19.6 Contact. Questions may be sent to support@milkywaydelivery.com.