Last updated: May 11, 2026
These Terms of Service (“Terms”) are a binding legal agreement between Shipup Global Solutions Inc., a corporation incorporated under the laws of Alberta, Canada, operating as Visiwise (“Visiwise,” “we,” “us”), and (a) you, the individual creating the account, and (b) the company you identify during sign-up on whose behalf you use the Services (“your company”). “You” in these Terms means both you personally and your company, jointly and severally.
By creating an account, clicking “I Agree,” accessing the Platform, or otherwise using the Services, you represent and warrant that (i) you are at least the age of majority in your jurisdiction; (ii) you have full legal authority to bind your company to these Terms; (iii) the information you provide at sign-up, including the company name, is accurate; and (iv) the Services are being used for your company’s legitimate business purposes and not for personal, family or household use. If you do not have authority to bind your company, you must not create an account.
These Terms apply to all use of the Services, including the free trial and any paid subscription. The commercial details of your paid subscription — the plan, volume limits, user limits, price, term and any custom terms — will be set out in the written quote, order confirmation or invoice issued by Visiwise to your company (each, an “Order”), which is part of these Terms. Larger enterprise customers may instead sign a separate Enterprise Services Agreement with Visiwise, in which case that agreement will govern in place of these Terms to the extent of any conflict.
Visiwise provides an online container tracking and supply-chain visibility platform (the “Platform” or the “Services”) that aggregates shipment-status information from third-party sources, including ocean and inland carriers, terminals, ports, rail operators, AIS providers and vessel-schedule providers. The Services may include a dashboard, notifications, an API, reporting and other features described in our documentation.
We may add, modify, suspend or remove features at any time. We will use commercially reasonable efforts to notify you in advance of material changes that adversely affect functionality you actively use.
When you create an account, you are entitled to a free trial of the Services for fourteen (14) days starting on the date your account is activated (the “Trial Period”).
At the end of the Trial Period, your access to paid features will end automatically. We will not charge you, and no payment method is required to start the trial. To continue using paid features after the Trial Period, your company must subscribe to a paid plan as described in Section 3A.
THE FREE TRIAL IS PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT ANY WARRANTY OR SERVICE-LEVEL COMMITMENT. WE MAY MODIFY, SUSPEND OR TERMINATE THE FREE TRIAL, OR CHANGE ITS LENGTH OR FEATURES, AT ANY TIME WITHOUT NOTICE.
3A.1 How Subscriptions Are Created. Paid subscriptions to the Services are not purchased through self-service checkout. To subscribe, your company must contact Visiwise to receive a written quote describing the applicable plan, container or shipment volume, number of permitted users, term length and price. Once your company accepts the quote in writing (including by email) or pays an invoice issued by Visiwise under it, the quote (together with any invoice) becomes an Order and forms part of these Terms.
3A.2 Plans, Volumes and Users. Each Order specifies the plan, the volume entitlement (for example, the number of containers or shipments that may be tracked during the term), the maximum number of permitted users, and the features included. If your company exceeds any volume entitlement, we may (a) limit further usage until additional capacity is purchased, and (b) invoice the overage at the per-unit rate set out in the Order or our then-current price list. Your company may also purchase additional capacity at any time at the applicable rate.
3A.3 Subscription Term. Each subscription term begins on the date Visiwise confirms receipt of payment (or such other start date specified in the Order) and continues for the period set out in the Order (the “Subscription Term”).
3A.4 Auto-Renewal. Unless the Order says otherwise, each Subscription Term automatically renews for successive periods equal in length to the then-expiring Subscription Term, at Visiwise’s then-current standard pricing for the same plan. Either party may prevent renewal by giving written notice to the other (an email to [email protected] is sufficient) at least thirty (30) days before the end of the then-current Subscription Term. If your company does not prevent renewal in time, the next Subscription Term begins automatically and the corresponding fees are due.
3A.5 Beta and Preview Features. Features identified as “beta,” “preview,” “early access” or similar are provided on an “as-is” basis, may be unstable or removed at any time, and are not subject to any service-level commitment. Use of these features is at your own risk.
3B.1 Fees. Your company agrees to pay all fees set out in the applicable Order (“Fees”). Unless the Order states otherwise, all Fees are in United States dollars.
3B.2 Prepayment. Subscriptions are prepaid. The full Fee for each Subscription Term must be paid before the Services for that Subscription Term are enabled. Top-up purchases of additional containers, credits or API capacity are also prepaid.
3B.3 Payment Method. Visiwise accepts payment by credit card and, where agreed in the Order, by wire transfer. By providing a payment method, your company authorizes Visiwise (or its payment processor) to charge that method for all Fees as they become due, including renewal Fees under Section 3A.4 and overage Fees under Section 3A.2.
3B.4 Invoices and Receipts. Visiwise will issue an invoice or receipt for each charge. Your company is responsible for keeping payment information current. If a charge fails or a payment method is invalid, Visiwise may suspend the Services until payment is received.
3B.5 Taxes. All Fees are exclusive of any sales, use, value-added, goods-and-services, harmonized sales, withholding or similar taxes, levies or duties, all of which are your company’s responsibility (other than taxes on Visiwise’s net income).
3B.6 Late Payment. Any amount not paid when due bears interest at the lesser of (a) one and one-half percent (1.5%) per month, or (b) the maximum rate permitted by law, calculated from the original due date until paid in full. Your company will reimburse Visiwise for reasonable costs of collection, including reasonable legal fees.
3B.7 No Refunds. Except as expressly stated in these Terms or an Order, all Fees are non-cancellable and non-refundable. Termination by your company for convenience or non-use does not entitle your company to a refund of any prepaid Fees.
3B.8 Disputed Charges. Your company must notify Visiwise of any disputed charge within thirty (30) days of the invoice date. Charges not disputed within that period are deemed accepted.
3B.9 Price Changes. Visiwise may change the Fees for any renewal Subscription Term by giving at least thirty (30) days’ notice before the start of that renewal Subscription Term. Fees for a Subscription Term already paid will not change for that Subscription Term.
3B.10 Chargebacks. Initiating a chargeback or payment reversal for a properly invoiced charge, without first contacting Visiwise to dispute it under Section 3B.8, is a material breach of these Terms and entitles Visiwise to suspend or terminate the Services immediately.
You are responsible for maintaining the confidentiality of your login credentials and API keys, and for all activity that occurs under your account. You agree to (a) provide accurate information when registering, (b) keep your account information current, (c) notify us promptly of any unauthorized access to your account, and (d) not share your credentials with anyone else.
You may not create an account if you are located in, or are a resident or national of, a country subject to comprehensive sanctions administered by the Government of Canada, the United States, the United Kingdom, the European Union or the United Nations Security Council, or if you are on any sanctions or denied-party list maintained by any of those authorities.
You must not, and must not allow anyone using your account to:
use the Services in violation of any law or in a way that infringes any third party’s rights;
submit any tracking number, bill of lading, booking number, container number or other reference that you are not an Authorized Party for, as defined in Section 5A;
upload or transmit any malware, virus or other harmful code, or any content that is illegal, infringing, defamatory or otherwise objectionable;
attempt to gain unauthorized access to the Platform or to other accounts or systems, including by scraping, reverse engineering, or circumventing access controls or rate limits;
use automated agents, bots or scripts to access the Services, except through documented API endpoints in accordance with their published limits;
use the Services to build, train, benchmark or improve a competing product or service, or to copy any feature, data set or workflow of the Platform;
resell, sublicense, white-label or otherwise commercialize access to the Services for any third party, except under a paid plan that expressly permits it;
use the Services in connection with the transportation of goods that are prohibited by applicable law or by relevant carriers (including illegal narcotics, weapons, child sexual abuse material or other contraband).
We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated this Section.
5A.1 Authorized Party. You may only track a shipment if you are an “Authorized Party” for that shipment, meaning you are: (a) the shipper, consignee, notify party or cargo owner; (b) a freight forwarder, NVOCC, customs broker, drayage provider or other logistics service provider engaged in respect of that shipment; (c) the carrier or terminal; or (d) a party acting with the documented written authorization of one of the foregoing.
5A.2 Per-Request Representation. Each time you submit a tracking request through the Platform (whether by dashboard, CSV upload, email, API call or otherwise), you represent and warrant that (a) you are an Authorized Party for that shipment, (b) you have a legitimate business interest in the data, (c) your tracking does not violate any agreement, terms of service, law or third-party right, and (d) you are able, on request, to produce documentation evidencing your status as an Authorized Party, including a bill of lading, booking confirmation, purchase order, freight contract, agency appointment or written authorization linking you to the tracking reference submitted.
5A.3 Prohibited Tracking. You must not use the Services to:
gather competitive intelligence on a competitor’s shipments, customers, suppliers, volumes, pricing or routing;
track shipments belonging to a public company for the purpose of trading on, or sharing, material non-public information;
surveil, stalk, harass or monitor any individual’s personal effects, household goods or movements;
identify, plan, facilitate or evade sanctions enforcement, customs enforcement or other lawful regulatory activity;
facilitate cargo theft, hijacking, smuggling, diversion or any other criminal activity;
scrape, harvest, aggregate or redistribute shipment data in bulk, or build a derivative tracking dataset, except as expressly permitted in writing by Visiwise.
5A.4 Proof of Authorization. We may, at any time and at our sole discretion, require you to provide reasonable evidence of your status as an Authorized Party for any shipment. Failure to provide such evidence within a reasonable period is a material breach of these Terms.
5A.5 Cooperation with Carriers and Data Sources. If a carrier, terminal, port, data source, shipper or other party notifies us of a credible concern about your tracking activity, you agree that we may (a) suspend access to the relevant data or your account, (b) investigate the activity, and (c) disclose your identity, account information and tracking history to the complainant or to law enforcement, in each case without liability to you.
You retain ownership of the data you submit to the Platform (“Your Data”), including container numbers, bills of lading, booking numbers, reference numbers and uploaded documents. You grant Visiwise a worldwide, non-exclusive, royalty-free licence to host, process and display Your Data as needed to provide and improve the Services, secure the Platform, comply with law, and enforce these Terms.
You also agree that Visiwise may create de-identified, aggregated data from Your Data and use it for any lawful business purpose, including improving the Services, expanding carrier coverage, generating industry benchmarks and training machine-learning models. Aggregated data will not identify you, your company or any individual.
You represent and warrant that you have all rights and authority necessary to submit Your Data to the Platform and to grant the licence above, and that Your Data does not infringe any third party’s rights or violate any applicable law.
Our handling of personal information is described in the Visiwise Privacy Policy at https://www.visiwise.co/privacy/, which is part of these Terms.
Visiwise and its licensors own all rights, title and interest in and to the Services, the Platform, the underlying software, models, algorithms, data schemas, user interfaces, content, branding and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services solely for your company’s internal business purposes and in accordance with these Terms. No other rights are granted.
If you give us feedback, suggestions or ideas about the Services, we may use them freely and without obligation to you.
The Services display information sourced from independent third parties, including carriers, terminals, ports, rail operators, AIS providers and vessel-schedule providers. Visiwise does not generate, transport, ship, load or unload any container or cargo, and does not have direct visibility into the physical location or status of any shipment. We are an informational layer on top of data produced by others.
8.1 THIRD-PARTY DATA IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” WE MAKE NO WARRANTY THAT IT IS ACCURATE, COMPLETE, TIMELY, RELIABLE OR AVAILABLE. ARRIVAL AND DEPARTURE TIMES, VESSEL POSITIONS, MILESTONE EVENTS, GATE STATUSES, LAST FREE DAYS, HOLDS, AND DEMURRAGE OR DETENTION INFORMATION MAY BE WRONG, OUT OF DATE OR MISSING.
8.2 Latency. You acknowledge that the Services display data after it is collected from third-party sources, normalized and processed. As a result, the data shown in the Platform is not real-time, and may lag the underlying source by several hours or longer depending on the source, volume, polling frequency and processing pipeline. Visiwise does not guarantee any specific refresh interval or maximum latency. Time-critical decisions should be verified directly with the relevant carrier, terminal or other source of record.
8.3 Coverage Limits. We support many but not all carriers, terminals, ports and railways, and coverage may change at any time. We do not guarantee that any specific shipment, carrier, terminal or route is or will remain covered.
8.4 Data Collection Methods. We collect data using a range of methods, including direct API integrations, EDI, AIS feeds, LOA-based portal access, and web-based data collection. A data source may, at any time and without notice, change its protocols, throttle, block, restrict, geo-fence or otherwise impair our ability to collect data. If this occurs, we may experience a partial or total interruption in coverage for that source. We will use commercially reasonable efforts to restore coverage, including by adapting our collection method, switching to LOA-based access, or pursuing a direct integration, but we do not guarantee any specific resolution or timeline. Any disruption to the Services or to data availability caused by such an event is not a breach of these Terms by Visiwise, and Visiwise is not liable for any resulting loss.
8.5 NO RELIANCE FOR BUSINESS DECISIONS. THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THEY ARE NOT PROFESSIONAL, LEGAL, CUSTOMS, OPERATIONAL OR FINANCIAL ADVICE. YOU MAKE ALL BUSINESS DECISIONS — INCLUDING PICKUP SCHEDULING, DRAYAGE DISPATCH, DEMURRAGE AND DETENTION MANAGEMENT, AND COMMITMENTS TO YOUR OWN CUSTOMERS — AT YOUR OWN RISK. YOU SHOULD INDEPENDENTLY VERIFY CRITICAL DATA WITH THE RELEVANT CARRIER OR TERMINAL BEFORE ACTING ON IT. VISIWISE IS NOT LIABLE FOR ANY LOSS RESULTING FROM RELIANCE ON INACCURATE, INCOMPLETE, DELAYED OR MISSING DATA, INCLUDING DEMURRAGE OR DETENTION CHARGES INCURRED BECAUSE OF AN EARLIER OR LATER ARRIVAL THAN REFLECTED IN THE SERVICES.
8A.1 LOA-Based Access. Some data sources are not publicly available and can only be accessed with your company’s authorization. In those cases, Visiwise may ask your company to sign a Letter of Authorization (“LOA”) or to provide credentials so that Visiwise can retrieve shipment data on your company’s behalf from a specified carrier, terminal, customer portal or other source.
8A.2 Your Representations. By signing a LOA or providing credentials, your company represents and warrants that (a) your company is the lawful owner of, or has the express written authorization of the lawful owner of, the relevant account or data; (b) the access requested by Visiwise will not violate the terms of service of the underlying carrier, terminal, port or other party, or any agreement between your company and that party, or any applicable law; and (c) your company will promptly notify Visiwise if its authority is revoked or if the credentials are no longer valid.
8A.3 Your Indemnification. Your company will defend, indemnify and hold harmless Visiwise from and against any claim, demand, fine, penalty or proceeding brought by a carrier, terminal, port, other data source or any other third party arising from or relating to (a) the accuracy or validity of the LOA, (b) the credentials or access rights your company gave Visiwise, or (c) Visiwise’s use of that authorization or those credentials within the scope your company authorized.
8A.4 No Guarantee. Visiwise does not guarantee that any specific carrier, terminal or data source will cooperate with a LOA-based connection, or that any such connection, once established, will continue to function. If a connection cannot be established or stops working, Visiwise will use commercially reasonable efforts to notify your company and explore alternatives, but has no other liability.
9.1 Termination by You. Your company may stop using the Services and close the account at any time through the Platform or by emailing [email protected]. To prevent the next auto-renewal of a paid subscription, your company must follow Section 3A.4.
9.2 Termination for Convenience. Either party may terminate a paid subscription for convenience on fifteen (15) days’ prior written notice to the other party, in which case the subscription ends at the end of the notice period.
9.3 Termination for Cause. Either party may terminate immediately on written notice if the other party (a) materially breaches these Terms or any Order and fails to cure the breach within fifteen (15) days after receiving written notice of it (immediately and without a cure period in the case of breaches of Section 5, 5A or 3B.10), or (b) becomes insolvent, makes a general assignment for the benefit of creditors, files a bankruptcy petition, has a receiver appointed, or otherwise stops conducting business in the ordinary course.
9.4 Suspension. Without prejudice to its other rights, Visiwise may suspend your access to the Services, in whole or in part, if (a) your company materially breaches these Terms or any Order, (b) your use creates a security or legal risk, (c) any Fees are overdue, (d) we are required to suspend by law or by a third-party data source, or (e) a carrier, terminal or other data source raises a credible concern under Section 5A.5. We will use commercially reasonable efforts to give prior notice where practicable.
9.5 Effect of Termination. On termination or expiry of these Terms or any paid subscription: (a) your right to access the Services ends; (b) your company must promptly pay all Fees accrued through the effective date of termination; and (c) each party will return or destroy the other party’s confidential information.
9.6 Refund on Visiwise Termination for Convenience. If Visiwise terminates a paid subscription for convenience under Section 9.2, Visiwise will refund the pro-rata portion of any prepaid Fees for Services not yet delivered as of the effective date of termination, based on the unused portion of the then-current Subscription Term. No refund is payable if Visiwise terminates for cause under Section 9.3, or if your company terminates for convenience.
9.7 Data Export. For thirty (30) days after termination or expiry, on written request and where technically feasible, Visiwise will make Your Data available for export in a commonly used machine-readable format. After that period, we may delete Your Data in the ordinary course, subject to any retention required by law.
9.8 Survival. Sections that by their nature should survive will survive, including Sections 3B (with respect to amounts owed), 5, 5A, 6 (with respect to data still in our possession), 7, 8, 8A, 10, 11, 12, 13, 14 and 15.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. VISIWISE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT THE DATA THEY DISPLAY WILL BE ACCURATE OR COMPLETE.
11.1 NO INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISIWISE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, DATA OR OPPORTUNITIES, OR FOR ANY DEMURRAGE, DETENTION, STORAGE, PER-DIEM, DELAY, MIS-SHIPMENT, MIS-DELIVERY, MISSED PICKUP, MISSED LAST FREE DAY, BUSINESS INTERRUPTION OR SUPPLY-CHAIN DISRUPTION DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 LIABILITY CAP. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU OR YOUR COMPANY ACTUALLY PAID TO VISIWISE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED CANADIAN DOLLARS (CAD $500). DURING THE FREE TRIAL OR ANY OTHER PERIOD IN WHICH NO FEES HAVE BEEN PAID, OUR TOTAL LIABILITY WILL NOT EXCEED CAD $500.
11.3 These limits do not apply to liability that cannot be limited by law.
11.4 You acknowledge that these disclaimers and limitations reflect a reasonable allocation of risk and are a fundamental basis of these Terms, particularly given that the Services may be provided free of charge during the Trial Period.
You will defend, indemnify and hold harmless Visiwise and its affiliates, and their directors, officers, employees and agents, from and against any third-party claim, and all related liabilities, damages, fines, penalties, costs and reasonable legal fees, arising out of or relating to: (a) Your Data, including any allegation that Your Data infringes a third party’s rights or violates any law; (b) your or your company’s use of the Services in breach of these Terms, including any breach of Section 5 (Acceptable Use) or Section 5A (Authorized Tracking); (c) any claim brought by a carrier, terminal, port, rail operator, AIS provider, vessel-schedule provider, shipper, consignee, cargo owner or other third party arising from your tracking activity; (d) your violation of any law; or (e) the goods or shipments tracked through your account. You agree to cooperate with us, at our request and at your expense, in responding to and defending any such claim.
13.1 Governing Law. These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2 Jurisdiction. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the courts located in Calgary, Alberta, Canada, and you consent to the personal jurisdiction of those courts. (If your company signs a paid subscription with Visiwise, that subscription may instead require arbitration; refer to the Master Subscription Agreement.)
13.3 No Class Actions. To the extent permitted by law, you and Visiwise each waive any right to participate in a class, collective or representative action against the other.
We may update these Terms from time to time. If we make material changes, we will notify you by email or in-platform notice at least thirty (30) days before they take effect (or a shorter period if the change is required by law or relates to a new feature). Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Services and may close your account.
15.1 Entire Agreement. These Terms, the Privacy Policy and (for paid customers) the Master Subscription Agreement and any Order Form, are the entire agreement between you and Visiwise regarding the Services and supersede any prior understanding.
15.2 Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition or sale of assets.
15.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions will continue in effect, and the invalid provision will be reformed only to the extent necessary to make it enforceable.
15.4 Waiver. Failure to enforce any provision is not a waiver of our right to do so later.
15.5 Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, government action, sanctions, port closures, strikes, utility or internet failures, cyber-attacks, or failures of third-party data sources.
15.6 Notices. We may send notices to the email address on your account. You may send notices to us at [email protected].
15.7 Language. The parties have requested that these Terms be drawn up in English. Les parties ont demandé que la présente convention soit rédigée en anglais.
15.8 Electronic Acceptance. You agree that clicking “I Agree” or creating an account constitutes your electronic signature, with the same legal effect as a handwritten signature.
Shipup Global Solutions Inc. (operating as Visiwise)
Registered office: [address], Alberta, Canada
Legal: [email protected]
Support: [email protected]
Website: https://www.visiwise.co
BY CLICKING “I AGREE” OR CREATING AN ACCOUNT, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE ON BEHALF OF YOURSELF AND YOUR COMPANY.
