Last Updated: December 18, 2025
These Terms of Service (“Terms”) are a binding agreement between you and Milkyway X, Inc. (“Milkyway”) governing access to and use of Milkyway’s websites, Shopify application, software, APIs, and related technology services that help coordinate local delivery requests through third-party courier networks (collectively, the “Platform”).
BY ACCESSING OR USING THE PLATFORM, OR BY SUBMITTING ANY DELIVERY REQUEST, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
- 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 and delivery services. Couriers are not employed by Milkyway.
“Delivery Request” means a request submitted through the Platform to arrange a pickup and drop-off.
“Declared Value” means the value entered by the Merchant at the time the Delivery Request is submitted.
“PPOD” means Photo Proof of Delivery associated with a Delivery Request.
“Successful Completion” means a delivery marked complete by the Courier with a Delivery Timestamp and PPOD, subject to exceptions expressly stated in the Package Protection Policy.
- THE PLATFORM IS NOT A CARRIER, COURIER, OR INSURER
2.1 Platform only. Milkyway provides a technology platform that facilitates coordination between Merchants/Receivers and independent third-party Couriers. Milkyway is not a carrier, courier, common carrier, bailee, warehouse, logistics provider, or insurer.
2.2 No physical custody. Milkyway does not take physical custody of packages and does not control the handling of packages by Couriers.
2.3 No delivery guarantee. Estimated times are estimates only. Milkyway does not guarantee pickup times, delivery times, delivery windows, availability, 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.
- ELIGIBILITY, ACCOUNTS, AND AUTHORIZED USE
3.1 Authority. If you use the Platform on behalf of a business, you represent you have authority to bind that business, and “you” includes that business.
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 Lawful use. You will use the Platform only for lawful purposes and in compliance with all applicable laws, rules, and regulations.
3.4 Suspension and termination. Milkyway may suspend or terminate access to the Platform at any time if Milkyway reasonably believes you violated these Terms, the Community Guidelines, or the Package Protection Policy, or if continued access may create risk for Milkyway, Couriers, Merchants, or the public.
- PACKAGE RESTRICTIONS AND PROHIBITED ITEMS
4.1 Weight and size limits. Packages must (a) not exceed 30 pounds per trip and (b) 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 items identified in Milkyway’s Community Guidelines, including items regulated as hazardous materials under U.S. DOT rules (including 49 CFR 172.101), illegal items, weapons/ammunition, pharmaceuticals/OTC/vitamins/supplements, tobacco/recreational drugs, cash/securities, stolen goods, certain perishables, and other restricted categories.
4.4 Not exhaustive. The prohibited list is not exhaustive. Milkyway may prohibit additional items to protect marketplace safety or comply with courier network rules.
4.5 Consequences of prohibited items. Submitting prohibited items (or misrepresenting contents/value) voids eligibility for Package Protection, may result in immediate suspension or termination, and may expose you to indemnity obligations under Section 12.
- MERCHANT RESPONSIBILITIES, PACKAGING, AND “DUTY TO INSTRUCT”
5.1 Accurate contents and compliance. Merchants are solely responsible for (a) accurately describing shipment contents, (b) confirming items are lawful and permitted, and (c) complying with all requirements in these Terms, the Community Guidelines, and the Package Protection Policy.
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 or insufficient padding) is not eligible for Package Protection.
5.3 Declared Value required. The Declared Value must be entered at the time of the Delivery Request. Shipments with no Declared Value are ineligible for Package Protection.
5.4 Delivery instructions are mandatory. Merchants must provide complete and accurate delivery instructions for each Delivery Request, including, as applicable:
- Apartment/unit/suite number for multi-unit buildings
- Gate code, callbox instructions, or access details
- Concierge or mailroom instructions
- A specific, secure “Safe Drop-off Zone” preference where permitted
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 (for example a gate, sidewalk, exterior entrance, or similarly exposed location), the Merchant authorizes the Courier to leave the package at the most accessible point permitted by the courier network, and the Merchant assumes the risk of theft, weather damage, or tampering in those circumstances.
- FEES, BILLING, AND TAXES
6.1 Fees. Platform fees may include subscription fees, per-delivery service fees, and optional add-on fees (including Package Protection). Pricing may change at any time as described in Section 16.
6.2 Non-refundable Protection fee. If Package Protection is enabled for a Delivery Request, the per-request Protection fee (currently $1.99) is non-refundable once the Delivery Request is submitted, except where required by law.
6.3 Taxes. You are responsible for applicable taxes, duties, and governmental assessments associated with your business and your use of the Platform.
- PACKAGE PROTECTION SERVICE LEVEL GUARANTEE (NOT INSURANCE)
7.1 Not insurance. Milkyway’s Package Protection is a contractual reimbursement service level guarantee, not an insurance policy.
7.2 Policy governs. If enabled, Package Protection is governed exclusively by Milkyway’s then-current Package Protection Policy, which is incorporated by reference into these Terms.
7.3 Reimbursement basis. If all eligibility requirements are met, reimbursement is calculated based on the Merchant’s documented cost of the item(s) (COGS) or other valuation rules stated in the Package Protection Policy, and excludes retail markups, taxes, shipping fees, and consequential losses.
7.4 Maximum cap. Under no circumstances will reimbursement exceed $500 USD per Delivery Request.
7.5 Exclusions. Package Protection does not cover (among other items) prohibited items, losses due to delays or missed delivery windows, spoilage/temperature sensitivity, loss of profits, chargebacks, dissatisfaction, or other consequential losses.
7.6 Claim deadline and evidence. Claims must be submitted within five (5) calendar days of the Delivery Timestamp and must include the evidence specified in the Package Protection Policy.
- PHOTO PROOF OF DELIVERY (PPOD), FINALITY, AND TRANSFER OF RISK
8.1 Successful Completion. A delivery is deemed Successfully Completed once the Courier marks it complete and uploads PPOD for the Provided Address.
8.2 Transfer of risk after PPOD. After Successful Completion, the risk of loss transfers to the Merchant and/or Receiver, and 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/unit or where the Courier materially deviated from the Merchant’s provided delivery instructions, as described in the Package Protection Policy.
- DELIVERY FAILURES, RETURNS, AND ADDITIONAL FEES
9.1 Undeliverable deliveries. If a Courier cannot complete delivery, the courier network may attempt a return to sender.
9.2 Fallback handling. If return is not possible, the courier network may leave the package at the pickup or delivery location based on courier network rules and safety considerations.
9.3 Additional fees. You may be charged additional fees associated with failed deliveries, return attempts, re-delivery, or other courier-network handling.
- SMS NOTIFICATIONS AND COMMUNICATIONS
10.1 Operational messages. Milkyway may send operational messages related to Delivery Requests, including SMS messages for non-users or users who opt into SMS delivery notices.
10.2 STOP and HELP. You can opt out of SMS by replying STOP and request help by replying HELP. Standard messaging and data rates may apply.
10.3 Consent and revocation. Where required, you represent you have obtained any necessary consents from Receivers to receive delivery-related notices. If a recipient revokes consent to receive messages, Milkyway will treat revocation as effective upon receipt and may be unable to provide certain notices thereafter.
- INTELLECTUAL PROPERTY
11.1 Ownership. Milkyway and its licensors own the Platform, including software, design, text, graphics, logos, and trademarks.
11.2 License. Subject to these Terms, Milkyway grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business use.
11.3 Restrictions. You may not reverse engineer, scrape, resell, or exploit the Platform except as expressly permitted in writing by Milkyway.
- INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Milkyway and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your breach of these Terms, the Package Protection Policy, or the Community Guidelines,
(b) shipment of prohibited or unlawful items,
(c) inaccurate Declared Value, misrepresentation of contents, or incomplete delivery instructions,
(d) your relationship or dispute with any Courier, Receiver, or third party, or
(e) your violation of any law or third-party rights.
- DISCLAIMERS
13.1 “As is” Platform. 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, and non-infringement.
13.2 No warranty of Couriers. Milkyway does not guarantee the quality, suitability, safety, or ability of Couriers, and does not warrant that deliveries will be uninterrupted or error-free.
13.3 Third-party services. The Platform may integrate with third-party services (including Shopify and courier networks). Milkyway is not responsible for third-party outages, errors, or acts/omissions.
- LIMITATION OF LIABILITY
14.1 Limitation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MILKYWAY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PLATFORM, ANY DELIVERY REQUEST, OR THESE TERMS WILL NOT EXCEED $500 USD.
14.2 Exclusion of damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MILKYWAY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES.
14.3 Allocation of risk. The parties acknowledge that this Section 14 reflects a reasonable allocation of risk and that fees charged would be higher without these limitations.
14.4 Jurisdictional limits. Some jurisdictions do not allow certain limitations. In such jurisdictions, Milkyway’s liability will be limited to the maximum extent permitted by law.
- DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER
15.1 Informal resolution first. Before filing a claim, you agree to contact Milkyway at support@milkywaydelivery.comand attempt to resolve the dispute informally for at least thirty (30) days.
15.2 Binding individual arbitration. Except for eligible small-claims matters, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration, not in court.
15.3 Administrator and rules. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or other AAA rules determined appropriate by AAA for the dispute).
15.4 Venue. The arbitration will take place in Los Angeles County, California, unless the parties agree otherwise.
15.5 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, or private attorney general proceeding.
15.6 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.
15.7 Jury trial waiver. To the extent any dispute is litigated in court, you and Milkyway waive the right to a jury trial.
- CHANGES TO THE PLATFORM AND TERMS
16.1 Platform changes. Milkyway may modify, suspend, or discontinue any part of the Platform at any time.
16.2 Terms updates. Milkyway may update these Terms by posting a revised version on the website. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance.
16.3 Policy hierarchy. If these Terms conflict with the Package Protection Policy for matters specific to reimbursement eligibility and claims, the Package Protection Policy controls for those matters.
- 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 arbitration provisions.
- MISCELLANEOUS
18.1 Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
18.2 Assignment. You may not assign these Terms without Milkyway’s prior written consent. Milkyway may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
18.3 Entire agreement. These Terms, together with the Privacy Policy, Community Guidelines, and Package Protection Policy, constitute the entire agreement regarding your use of the Platform.
18.4 Contact. Questions may be sent to support@milkywaydelivery.com.