1. Introduction
1.1. These Virtual Address Terms of Service (these “VA Terms”) outline the obligations and rights between Tailor Brands and its affiliates (“Tailor Brands”, “we”, “our”, “us”) and you and your legal entity (where applicable) as our customer (“you”, “your”) regarding our virtual address services (the “Virtual Address Services”). All Virtual Address Services are made available and administered through Tailor Brand’s proprietary AI-powered platform operated by, or on behalf of, Tailor Brands or one of its affiliates (the “Platform”). All use of the Platform shall be subject to the Platform terms of use available at https://www.tailorbrands.com/tos (the “General Terms”, and collectively with these VA Terms, the “Agreement”) and you hereby agree and acknowledge your acceptance of the General Terms. In the event of any conflict between the General Terms and these VA Terms, the terms of these VA Terms shall govern but solely with respect to the Virtual Address Services. For clarity, the Virtual Address Services constitute part of the Services as defined in the General Terms.
1.2. For purposes of these VA Terms, the term “you” refers to you as the user of the Virtual Address Services. If the individual accepting these VA Terms is acting on behalf of an entity, such individual represents and warrants that they have the right, power and authority to act on behalf of and bind such entity.
1.3. The Virtual Address Services may be sold as a standalone product or bundled with other Tailor Brands services, products, and/or packages at our sole discretion. The other Tailor Brands services, products and/or packages may be subject to additional terms and conditions and your use of such other services, products and/or packages will be subject to such additional terms and conditions as are made available on the Platform.
1.4.
2. Description and Scope of Virtual Address Services
2.1. By using our Virtual Address Services, you authorize Tailor Brands to receive letter mail and packages (“Mail”) on your behalf. We will scan and upload copies of all Mail received by us as part of the Virtual Address Services to your Platform account and/or email them to you.
2.2. By authorizing us to perform the requested Virtual Address Services, you hereby grant us full rights to open, scan, forward, or otherwise process your Mail. The foregoing includes express and legally binding authorization to us to handle and process Mail that may be labeled or regarded as confidential, personal data, special category personal information, or similar under applicable privacy laws.
2.3. We do not process, scan, post, or ship Mail that we determine violates applicable laws and regulations. If unacceptable Mail is delivered, we reserve the right to dispose of it at our discretion, and additional charges to you may apply. Additionally, we do not accept postage-due or cash-on-delivery (COD) Mail, and do not scan currency or credit cards.
2.4. Tailor Brands may refuse to accept or process bulk Mail or unsolicited advertisements, including but not limited to flyers, catalogs, circulars, and magazines. Such items may be discarded without scanning or posting to your Platform account, and without any further notice.
2.5. We may change your virtual address by providing you with written notice. You must notify all of your senders of the new address, no later than 7 business days after receiving such notice from us. You are responsible for taking all necessary steps to update your records. If you registered your business using this address, you must also file a change of address application with your state. All costs associated with notifying your senders of the address change are your sole responsibility.
2.6. All your Mail must be addressed to you using your legal name as it appears on your submitted identification documents, or a recognized nickname that we, at our sole discretion, can easily identify as belonging to you. Mail addressed otherwise will be returned to sender as undeliverable. You are required to use the exact USPS-approved mailing address format for the Virtual Address Services, as specified in the USPS Form 1583. Any deviation from this format may result in the USPS returning your Mail to the sender as undeliverable.
3. Form 1538
3.1. To comply with USPS regulations, you must accurately and fully complete USPS Form 1583 (Application for Delivery of Mail Through Agent) before using our Virtual Address Services for each address linked to your Platform account. If your USPS Form 1583 is incomplete, improperly executed, or fails to meet regulatory requirements, we reserve the right to refuse delivery of Mail to you and return it to the sender. You must also provide the required forms of identification, as further detailed in Section 5 below, for all recipients on your account, as mandated by USPS for identity verification.
3.2. If any information on your USPS Form 1583 changes, you are responsible for promptly updating it and notifying us regarding such changes. You may also be required to submit additional Form 1583(s) if you add new recipients, an additional business, or a new business address to your account, in accordance with USPS requirements.
3.3. You are strictly prohibited from directing USPS mail to, or having it delivered to, your account until USPS approves in writing your USPS Form 1583. We may also require you to undergo an identity verification process and provide valid, current identification documents to satisfy “Know Your Customer” and anti-money laundering requirements. You agree to provide us with accurate, complete, and up-to-date information at all times.
3.4. We cannot guarantee and are not liable for the approval of your USPS 1583 Form or cannot estimate the time required for its approval. You may also need to submit other documents as required by the relevant state regulations. Where permitted by law, a process server may attempt to serve you by mail. If you have not purchased our Registered Agent Services, we assume no liability for any service of process which is or is not deemed accepted via the Virtual Address Services. You agree to release and hold us harmless from any claims arising from such attempts.
3.5. Once your USPS Form 1583, identification documents, and any other required verification processes are approved, you may begin receiving Mail at your Platform account. Should USPS modify the USPS Form 1583, you may be required to submit a new form and pay any associated fees to maintain compliance with USPS regulations. It is solely your responsibility to ensure ongoing compliance with USPS requirements.
3.6. You agree to accept any revised version of these VA Terms and USPS Form 1583 when changes to the required information occurs. You are obligated to notify us within three (3) business days of any changes to the information provided in your USPS Form 1583 or during registration process. Providing inaccurate information or failing to respond to our inquiries within three (3) business days regarding the validity of your information or information provided by you, will be considered a material breach of these VA Terms and may result in the termination of the Virtual Address Services.
4. Mail Shipping
4.1. Upon your request, we will ship your received Mail to the address you provide, subject to an additional charge. If no preferred courier is specified, we will select the shipping method at our discretion. If the provided address is insufficient or undeliverable, the Mail may be returned to us and further uploaded to your Platform account. Additional fees may apply for handling returned Mail, and reshipping will incur an extra charge.
4.2. If the selected Virtual Address Services includes check deposit services, we will electronically endorse and deposit checks that we reasonably believe are payable to you. Deposits are made by mailing the physical checks to your bank. Tailor Brands will not be liable for any checks lost or mishandled during transit, either before reaching or after leaving our facilities. You must comply with all applicable rules and regulations governing deposit transactions. Deposit requests are final and may not be cancelled or amended. You hereby agree to indemnify us for any losses, liabilities, costs or expenses resulting from incorrect account details or other incorrect identification details.
4.3. International shipments (outside of the United States) may be subject to additional fees. You are responsible for any taxes, duties, levies or other charges associated with international shipments. We may refuse, return, or dispose of packages from outside the United States to our sole discretion, without prior notice. Undeliverable international shipments may be abandoned or returned to us, with additional handling charges.
4.4. We will not ship Mail that violates applicable laws or regulations, including export/import laws, or to destinations subject to U.S. embargoes, or individuals on the U.S. Treasury Department’s Office of Foreign Asset Control (OFAC) Specially Designated Nationals list.
4.5. If Mail is addressed to multiple authorized recipients, we reserve the right to deliver it to any of the named individuals. If Mail is clearly intended for your account but does not specify a recipient, we may deliver it to any of your addresses, at our discretion. Failure to include the correct private mailbox number to the address may result in an undeliverable. If we are unable to match Mail to a specific account, we may return it to the sender or discard it at our discretion.
4.6. When shipping Mail to a location outside of the United States, you acknowledge and agree that such action will subject your Mail to export laws and regulations. You are solely responsible for ensuring compliance with applicable export laws. You agree to indemnify and hold us harmless from any claims related to the export of your Mail.
4.7. We may collaborate with our affiliates and/or third-party providers (collectively, our “Providers”) to deliver the Virtual Address Services. By using the Virtual Address Services, you consent to our engaging with these Providers, including acting on your behalf.
4.8. We may offer integration features allowing you to connect our Virtual Address Services with our Providers’ platforms. We make no warranties regarding the performance or reliability of our Providers’ platforms and/or services and reserve the right to discontinue any integration feature without prior notice. Your obligations under this Agreement, including payment of fees, remain unaffected by the availability of these Providers’ platforms and services, and/or integration features.
5. Required Documentation
5.1. We do not guarantee that your virtual address can be used for registering with a government agency, including for company formation, business licenses, or loans. You acknowledge that such uses depend on the local laws and regulations of the country, state and/or city in which you intend to establish an address. It is your responsibility to confirm whether your virtual address is accepted for these purposes.
5.2. Unless you have purchased our Registered Agent Services, you are not permitted to designate virtual address as your registered agent. Violation of this provision may result in the termination of your Platform account and/or a charge for unauthorized use of the Registered Agent Services, at our sole discretion. Any violation may be reported to the Secretary of State, potentially leading to severe consequences for your business, including potential dissolution.
5.3. To access the Virtual Address Services, you are required to submit certain identification documents that are acceptable by us and our Providers.
6. Use Restrictions
6.1. Your use of our Virtual Address Services is subject to all applicable laws and regulation, including without limitation the United States Postal Services (“USPS”) regulations and such other terms available at https://www.usps.com/ship/shipping-restrictions.htm, which are incorporated herein by reference. If we reasonably believe that your Mail contains illegal materials or is involved in unlawful activity, we may report it to the applicable governmental authorities and cooperate with their requests to inspect your Mail. To the extent permitted by law, we will use reasonable efforts to notify you if your Mail is inspected.
6.2. You, or anyone on your behalf, are not permitted to visit or pick up Mail from Tailor Brands facilities.
6.3. By using the Virtual Address Services, you agree to provide your complete address exactly as issued by Tailor Brands to any sender or otherwise use the complete address consistently in all printed or published instances. You are prohibited from representing or implying that the Tailor Brands virtual address is a physical location where you or your personnel are present.
6.4. If you receive Mail in your Platform account that is not addressed to you, you are required to notify us promptly by sending an email to [email protected]. You must not open, read or take any action regarding such Mail, including but not limited to, to view, copy, print or otherwise distribute, disseminate, disclose, or use it for any purpose. Violation of this Section 6.4, may expose you to legal liability, both criminal and civil, and monetary damages, as well as termination of your Platform account.
6.5. The following items are prohibited and will not be accepted, processed, or delivered through the Virtual Address Services: Mail weighing over 10 lbs or exceeding dimensions of 18”, alcohol, prescription medications, tobacco products or vapes, hemp or cannabis products containing THC, illegal drugs or substances, perishable goods (e.g., food, plants, or anything requiring refrigeration), improperly contained or leaking liquids, lithium-ion batteries (except small consumer-grade batteries within devices), currency, precious metals, jewelry, and other valuables. We also do not accept ammunition, fireworks, explosives, compressed gases, live animals, items derived from protected species (e.g., ivory, shark fins, rhino horns), human remains, items requiring Hazmat markings, obscene or hateful materials, items that pose a risk to national security, or any substances prohibited under U.S. or international law, as well as those banned by USPS or other shipping carriers.
6.6. You may not use the Virtual Address Services for illegal activities, including activities that constitute a criminal offense, give rise to civil liability, or violate local, state, national, or international laws, including without limitation, privacy, data protection, intellectual property, fraud, spam, harassment, and consumer protection laws. Additionally, you may not access or use the Virtual Address Services to infringe third-party rights, transmit malicious software, or develop a competing product or service.
7. Disclaimers; Limitation of Liability
7.1. In addition to the disclaimers and limitations of liability provided in the General Terms, you acknowledge that we do not guarantee that Mail will never be misdelivered. THE VIRTUAL ADDRESS SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS, AND WHILE WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO DELIVER MAIL ACCURATELY AND ON TIME, WE ARE NOT LIABLE FOR ANY ERRORS, DELAYS, OR MIS-DELIVERY OF ANY MAIL.
7.2. Tailor Brands is not responsible for any issues that arise while Mail is in transit to or from our facilities. Our responsibility ends once the Mail is handed over to the designated carrier. We are not liable for delivery times, or any loss or damage to Mail while it is in transit.
7.3. OUR LIABILITY FOR ANY SHIPMENT IS LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID BY YOU FOR THE VIRTUAL ADDRESS SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF THE ALLEGED CLAIM; OR (B) $500. THIS LIMITATION OF LIABILITY APPLIES TO ANY LOSS, DAMAGE, DELAY, MIS-DELIVERY, OR NON-DELIVERY. YOU ARE RESPONSIBLE FOR PROVING ANY DAMAGES INCURRED. ANY RISK OF LOSS EXCEEDING THE FOREGOING LIMITATION OF LIABILITY IS BORNE SOLELY BY YOU.
8. Termination or Cancellation
8.1. We may terminate the Virtual Address Services at any time at our sole discretion. Where required by applicable state laws, our termination of the Virtual Address Services will be subject to prior written notice. Reasons for termination may include your breach of these VA Terms or the General Term, such as non-payment, failure to provide an accurate Form 1538 or other lawful reasons. In the event of termination by us, as your sole remedy, and subject to your compliance with the terms and conditions herein, we will refund any prepaid fees specifically related to the Virtual Address Services.
8.2. You may cancel the Virtual Address Services by notifying us in your Platform account or by sending an email [email protected].
8.3. Upon termination or cancellation of the Virtual Address Services, you must cease using the virtual address provided by Tailor Brands. You must not provide your virtual address to new senders and must remove it from all locations where it is published. You are responsible for notifying your senders of your new address and for updating your records. If your business was registered with this address, you must complete a change of address form with the appropriate state authorities. All costs related to notifying senders of the address change are your sole responsibility. We are not liable for any Mail received to your former virtual address.
8.4. As stated in the USPS Form 1538, you may not file a change of address with USPS upon cancellation of the Virtual Address Services. Cancellation of the Virtual Address Services, for any reason, shall also immediately void the validity of your USPS Form 1583.
8.5. In the event the Agreement is terminated (other than by reason of your breach of the Agreement, which may lead to an immediate suspension or deletion of your account), we will make available to you a file of the Virtual Address Services account content (“Customer Related Data”) within thirty (30) days of termination, if you request it in writing within that time. You may be required to pay reasonable copy and shipping charges associated with your request. You agree and acknowledge that we have no obligation to retain the Customer Related Data and may delete the Customer Related Data thirty (30) days following termination or cancellation of the Virtual Address Services.
8.6. Prior to the termination, cancellation or expiration of the Virtual Address Services, for any reason (other than by reason of your breach of the Agreement, which may lead to an immediate suspension or deletion of your account), you may choose to have your Mail forwarded for up to six (6) months as of termination date of the Virtual Address Services, subject to your payment of applicable forwarding services fee in advance. It is your responsibility to coordinate with us to establish any forwarding addresses and Mail handling preferences prior to termination of your Platform account. If no forwarding service is selected, your mail will be discarded in accordance with USPS regulations.
8.7. Any Mail received at Tailor Brands facilities on your behalf after termination of the Virtual Address Services (for any reason) will be returned to sender or destroyed, at our sole discretion. We have no obligation to forward or re-mail any Mail to you except as expressly stated in the Agreement. Without limiting your obligations under this Agreement and applicable law, it is your sole responsibility to notify senders, including all government agencies, of your new address (or, at a minimum, that your former virtual address is not applicable anymore) after terminating our Virtual Address Services.
8.8. Upon termination of the Virtual Address Services and subject to written mutual agreement, you may instruct us to perform, or perform by yourself, as applicable, certain actions related to your Mail. Such actions include but are not limited to forwarding Mail to specified addresses or to another Platform account, and opening and scanning Mail contents and any other services offered or to be offered on our Platform and are subject to payment of applicable fees associated with such actions as determined by us.
9. General
9.1. All identification forms and documents submitted must be valid and accurate at the time of submission. By submitting identification documents, you certify that all information provided is true and accurate. We and our Providers reserve the right to request additional information or forms of identification if necessary.
9.2. We are not responsible for any fees, charges, or costs incurred by you in connection with obtaining the required identification documents.
9.3. It is your responsibility to ensure that your contact information and business status remain current. Failure to do so may result in the termination of the Virtual Address Services, along with any related costs or consequences.
9.4. From time to time, we may update these VA Terms. We will send you an email message or post a notice on the Platform, thirty (30) days before our updated VA Terms take effect, unless the update includes non-material changes (non-material changes will be effective immediately and without a notice), and except in urgent situations such as preventing fraud, compliance with applicable law, or addressing security and operability issues (which will be effective as soon as required, at our sole discretion). If you object to any changes, you may terminate your use of the Virtual Address Services, in accordance with the terms of these VA Terms. By continuing to use the Virtual Address Services after the updated VA Terms take effect, you signify your agreement to the updated VA Terms, unless applicable law requires us otherwise.
Last Updated: December 1, 2024
Effective as of: January 1, 2025
Terms of Service until December 31, 2024
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