Agreement: The Agreement refers to the legal contract entered into between the Customer and the Provider that governs the use of the Software and Services offered.
Software: The Software refers to the computer program developed by the Provider to provide specific functionalities and services to Customers.
Service: The Service indicates the set of functionalities, resources, assistance and consultancy provided by the Provider to Customers through/via the Software, subject to the agreements established in these Terms of Service.
Goods: The Goods subject to verification by the Software are the units owned by the Seller managed at Amazon FBA Logistics, subject to Amazon's reimbursement policies and terms.
1. These General Terms and Conditions of Contract and Supply are entered into between the company Zonware Sp. z O. O. (VAT No.: PL-8992917791 Tax Code: PL-8992917791), e-mail: info@eagle-eye.software (hereinafter also "Provider") and the person (hereinafter also "Customer") who browses the pages of the website accessible via the link www.eagle-eye.software (hereinafter also "Website") and who uses the digital content made available therein.
2. The Provider and the Customer jointly understood are also referred to as "Parties".
3. The Website, hosted on the wix.com platform, contains exclusive access to the digital content present therein, which is the exclusive property of the Provider.
4. These Terms and Conditions are binding between the Parties and apply to all Customers purchasing one or more Services offered on this Website.
5. By accessing the Eagle Eye Platform and using the Services as a Customer, including the free subscription, the Customer acknowledges having read and understood the agreement and accepts all its terms.
6. Customers using the Services offered on this Website affirm that they know and accept these Terms and Conditions, declaring, under their sole responsibility, that they are 18 years of age or older.
7. Except for mandatory regulations, for the purposes of these Terms and Conditions, the Customer accepts that all contracts, notices, disclosures and other communications provided in electronic form satisfy the written form requirement, when required by law.
8. Violation or breach of the following Terms of Service by the user may result in suspension or termination of the Service and its license to use.
1. The contract governs and has as its subject matter the use of the Services and digital content offered on the Website (hereinafter also referred to as "Service").
2. The Service provides for the use of software to be connected, via API keys, to the Amazon platform from the Customer's Seller Central account.
3. The Software aims to enable Amazon Sellers to identify stock discrepancies related to goods sent to the Amazon Logistics network in order to recover reimbursement opportunities caused by errors of said Logistics.
4. The Service is distributed in the "StartUp Full Service" and "Enterprise Full Service" versions which differ according to the types of Customers, indicated below:
5. The "StartUp Full Service" version allows you to connect the EagleEye Software to your Amazon account and obtain an audit on reimbursement opportunities. In addition, the opening of Amazon Cases for reimbursement requests is managed by EagleEye operators. The Customer is also provided with access to the mobile version of the Software, with an integrated scanner for managing particular types of Reimbursement opportunities. The StartUp Full Service version is reserved for Sellers with turnover in the last 12 months of less than €500,000
The "Enterprise Full Service" version includes what is offered by the "StartUp Full Service" version but this version is intended for all Customers with turnover in the last 12 months exceeding €500,000. Specifically, the customer can decide to:
6. It should be specified now that, if the customer decides to manage cases independently, they can subsequently request the intervention of Eagle Eye operators, just as they could request to manage cases independently after they have been opened by the Provider.
7. The Customer accepts that the Provider carries out periodic checks regarding the turnover generated through the Seller Central account and, if a subscription choice not conforming to their situation is verified, to receive a charge on the payment method entered, for an amount equal to what should have been paid if the correct subscription had been chosen. At the same time, if the Provider ascertains the payment of amounts not due, it will proceed to reimburse them.
1. The user, to access the Service offered, must select the chosen version and register on the Website. The user can choose to register through authentication systems internal to the Website or through authenticated access to their account on affiliated social networks (for the list of which please refer to the Website access page).
In both cases, the user will receive a verification e-mail for the e-mail address through which they registered, containing a link to complete the registration. By clicking on the link indicated in the previous point, the Customer will confirm their e-mail address and must enter their credentials to proceed with the activation of the subscribed subscription.
2. The user has the possibility to activate different types of paid subscriptions.
If the user chooses to activate one of the paid subscriptions, the payment procedure is to be considered as a purchase proposal, while its completion will occur upon sending the appropriate confirmation e-mail.
If the Customer chooses to pay by credit card, this circumstance is subject to verification that the issuing bank is enabled for web purchases.
3. In case of problems during the activation and purchase procedure, the user can write to the e-mail address info@eagle-eye.software.
The Provider will verify compliance with the procedures referred to in the preceding points and, in the absence of justified reasons, will allow the Customer access to the Software within 24 hours of sending the Order completion confirmation e-mail.
1. The prices indicated on the Website are to be considered exclusive of VAT.
2. The prices indicated on the Website, which the Customer declares to know from now on, may vary over time which will not affect the price charged to the Customer at the time of purchase. The new prices, in fact, will be applied after the expiration of the paid services purchased by the Customer.
3. What is stated in the previous clause does not apply in case of obvious material errors, which will be corrected immediately, also entailing charges related to previous ones where the error was present.
4. The fee for using the Software will be charged to the payment method monthly, starting from the moment registration is made on the Provider's Website.
5. The prices indicated on the Website include the 15% commission to be calculated on the amounts obtained from Amazon reimbursements.
The percentage thus outlined, in case of recovered goods, will be calculated on the monetary value attributed by Amazon to the recovered units.
The amount thus identified will be automatically charged to the payment method indicated by the user of the relevant "Full Service" package in the following billing period. Specifically, by the 10th of the month following the reference period, the Provider will charge the percentage amounts on the recovered goods to the payment method entered by the Customer at the time of purchase or subsequently modified. The Customer may modify the chosen payment method but does not have the right to remove it, making the charge impossible, before all amounts due to the Provider have been paid.
6. In the event that Amazon, once it has proceeded with the reimbursement of lost, damaged or otherwise reimbursable goods, finds the units and asks the user to return the payment, the Provider will not be required to return the commissions due to it, neither to the customer nor to Amazon.
1. The Provider has the right to provide particular discounts linked to the type of product chosen, the duration of the subscription, the type of customer or other parameter it deems suitable to justify the application of a favorable rate.
2. The Provider has the right to provide periodic promotions that give access to reduced rates compared to standard ones, or to additional free features. It is clarified from now on that the customer who has not been able to take advantage of the promotion, for objective reasons such as the expiration of the promotional term or the failure to start the promotion, or subjective reasons such as the failure to request activation of the promotion in case of effectiveness depending on their activity, will not be entitled to any refund or adjustment of their rate during the validity period of the same or in any case until the renewal of the subscription, provided that, in that circumstance, there is an active promotion.
3. The Provider grants the Customer 60 free days for their first trial of the "StartUp Full Service" Plan or the "Enterprise Full Service" Plan. The free offer relates exclusively to the fixed part of the prices shown on the Website. The 15% percentage charged on Reimbursements obtained by EagleEye operators remains unchanged.
1. The Customer may use the Service exclusively in the ways expressly indicated in these Terms and Conditions and must comply with any technical limitations of the software and the intended methods of use.
By way of example and not limitation, the Customer may not:
2. The Customer acknowledges that to use the software they must equip themselves with electrical, electronic or any other type of equipment, software, telephone and/or network services and whatever else is necessary and that, therefore, the software does not include the provision by the Provider of tools necessary for access to the internet.
3. The Customer also undertakes to hold the Provider harmless from any claim that may be made against the latter for any reason or in any way connected to the unsuitability of hardware and/or network and/or software systems suitable for allowing the correct use of the software.
4. The Customer acknowledges that the internet is not controlled by the Provider and that, due to the peculiar structure of said network, no public or private entity and not even the Provider is able to guarantee and monitor its performance and functionality or control the content of the information transmitted. For this reason, no liability can be attributed to the Provider for the transmission or reception of illegal information of any nature and kind.
5. In case of reporting faults or malfunctions, the Customer undertakes to provide all specifications and information possibly requested by the Provider.
6. The Customer hereby provides authorization for the software to be provided in whole or in part by another entity identified by the Provider.
The Software is hosted by Amazon Web Services (AWS).
The Software, in order to receive the data necessary for its operation, is integrated with the Amazon Marketplace.
1. Periodically the Provider may release further software updates, including new features, minor technical changes, changes necessary for legal or security reasons or design changes. By accepting the following ToS, the Customer consents to receive such updates.
2. Updates may be performed automatically, without Customer intervention, but the Provider has the right to release non-automatic updates, which will only take effect after your installation. The Provider undertakes from now on to provide the necessary assistance to support the Customer in case they need to perform operations for the purpose of updating the Software. The Customer acknowledges that delays or errors in installing updates could compromise the performance or functionality of the Service and that the Provider will not be held responsible for any conformity defects arising from the failure to install updates on their part.
The Software is delivered as a WebApp. Therefore, local installation is not required, the Customer must connect to the software via a WebBrowser at the address "app.eagle-eye.software" and "scanner.eagle-eye.software" - where they will access using the credentials that will be communicated by the Provider at the time of registration. The Customer must connect the Software to their Amazon Seller Central account through the automatic procedure. Only after the connection will the Software autonomously begin the automatic data processing that allows the identification of Amazon FBA Reimbursement Opportunities.
The subscription plans provide different features whose delivery methods are reported below:
"StartUp Full Service": Allows the User to view the total units for each product on which they are entitled to Amazon Reimbursements; view details with dedicated reporting; open related Cases and save the serial number in order to obtain Amazon Reimbursements ("Reconciliation" Tab). The Customer will also have the opportunity to see where their products are currently located throughout Europe ("Distribution" Tab). This version can be used with a monthly or annual subscription. The Customer will have access to the mobile version of the Software, i.e., an integrated scanner ('EagleEye Scan') capable of reading the barcodes of their Removals and Returns. These readings will be automatically processed by the Software and sent as useful data to EagleEye operators for opening related Cases and obtaining Amazon Reimbursements.
"Enterprise Full Service": the plan has the same features as the "StartUp Full Service" plan but is reserved for Amazon Customers with a turnover greater than €500,000 recorded in the last 12 months. This version can be used with a monthly or annual subscription.
For both "StartUp Full Service" and "Enterprise Full Service" Plans:
The Provider's operators will proceed to open and manage Amazon Cases in order to obtain Amazon Reimbursements on behalf of the Customer. To allow the Provider to open Amazon Cases, the Customer must create a dedicated Secondary User for the Provider from their Amazon Seller Central account. The procedure for creating the Secondary User will be indicated by the Provider following the subscription. Once access to the Customer's Amazon Seller Central account is provided, the Provider's operators will proceed according to what is indicated by the Customer as explained in Art 5.) "Full Service" Version. No activity by the Provider's operators will begin without the purchase and registration of the "Enterprise" Software and entry of a valid payment method (credit-debit-ATM card).
By the 10th of the month following the reference period, a report will be sent to the Customer with details of the Amazon Reimbursements obtained on their Seller Central Account. The report will also indicate the amounts due to the Provider, calculated by applying the 15% commission on the Reimbursements obtained (VAT excluded). The Customer tacitly accepts the charge concurrent with receipt of this report.
It is clarified, from now on, that although the subscription has expired, the percentage commission on the recovered amount is still due to the Provider who must wait for the end of the month to be able to quantify it correctly. Consequently, the Customer remains obligated to pay, and the Provider maintains the right to claim the commission on the recovered amount, on activities carried out during the validity of the subscription service but invoiced in the days following its expiration. This version is available with a monthly or annual subscription.
1. The Customer is obligated to promptly communicate their personal and/or business data to the Provider and guarantees that they are correct, up-to-date and truthful.
2. The Customer also undertakes to promptly communicate any changes to the data indicated.
3. The Customer acknowledges and accepts that, if they have communicated false, outdated or incomplete data to the Provider, the latter reserves the right to suspend access to the Software and/or to terminate the Contract pursuant to Article 1456 of the Italian Civil Code, retaining the amounts paid by the Customer and reserving the right to claim compensation for greater damages.
4. It is understood in any case that all data communicated by the Customer to the Provider will be covered by the confidentiality obligation referred to in this Contract.
1. The Customer accepts and acknowledges that the ownership of the Software, including source codes and any adaptations, structure, layout, conception and knowledge, developments and improvements made by the Provider for the specific needs of the Customer, the related documentation, as well as all economic exploitation rights thereon, remain with the Provider.
2. The Customer accepts and acknowledges that all content present or made available through this Website in the form of images, audio files, video files, digital downloads, data collections and software, as well as the structure, layout, conception and knowledge, the project as a whole, the content, texts, graphic appearance are the property of the Provider and/or third parties.
3. Any material that is the subject of intellectual and/or industrial property rights in favor of third parties and that is made available to the Customer through the Website will be used by the Customer in compliance with such rights. The Customer assumes all responsibility in this regard, and undertakes to indemnify and hold harmless, now and forever, the Provider from any detrimental consequences.
4. In the event that the Customer violates the industrial or intellectual property rights of the Provider and/or third parties, the Provider reserves the right to terminate the Contract pursuant to Article 1456 of the Italian Civil Code.
5. The Customer acknowledges that the ownership of all rights to trademarks, logos, names, and other distinctive signs in any way associated with the Website and/or the Service belongs to the Provider, with the consequence that they may not use them in any way without prior written authorization from the same.
The Provider is the owner of the registered trademark Eagle Eye.
1. The Provider grants the Customer, who accepts, a license to use the Software and related documentation.
2. The license to use granted to the Customer with the signing of this contract is to be considered personal, non-transferable and temporary as it ceases with the termination of the subscription by the Customer.
3. The Customer declares to be aware that the software is the property of the Provider and cannot claim any right of ownership, commercial use, resale or transfer, not even in the form of a gift or donation, that is not expressly indicated in these Terms of Service.
1. Customers, after finalizing the subscription, if they are not satisfied with the functionality of the Software, can exercise the Provider's conventional warranty (so-called Satisfaction or Money Back), within 7 days from the date of purchase, by sending written communication via certified e-mail or e-mail (info@eagle-eye.software) with the request for activation of the warranty and the reasons why the software was not satisfactory.
2. Any communication received beyond this deadline, lacking the reasons for which it is intended to be exercised and/or in different ways than those indicated, will not be suitable for activating the aforementioned warranty.
3. Within 72 hours from the date of receipt of the request, the Provider will contact the Customer in order to proceed with the deactivation of the Software. The refunded amount will be equal to that paid to subscribe to the software and will be paid by the Provider within 10 days from the date of deactivation of the service, using the same payment method used to subscribe.
4. It is clarified from now on that the refund relates exclusively to the subscription fee paid by the Customer and does not include additional amounts and/or does not refer to the percentages possibly already accrued by the Provider on reimbursements already obtained during this time. For example, if the Provider were to obtain reimbursements before the Customer's request for activation of the Warranty, the right to receive the percentage on them remains in force and will not be cancelled by the exercise of the warranty.
1. The Customer acknowledges that the Provider cannot ensure the success of their business and understands that the latter has an obligation of means, without any guarantee of specific results.
2. The Service provides delivery methods that involve operators. In this circumstance, the commitment of all the skills necessary to carry out the assignment is guaranteed, but the impossibility of ensuring the achievement of the result, which remains extraneous to the Service provided, remains firm.
3. The Provider will not be called upon to respond for the suspension or definitive closure of the Customer's Amazon accounts or third-party platforms, updates or changes to algorithms that may negatively affect the functionality of the Service.
4. The Provider will not be held responsible in case of suspension or interruption of the service, delay, malfunctions and/or the deletion of all collected data resulting from force majeure, unforeseen or otherwise unforeseeable events or due to third party actions such as, by way of example, natural events, software or algorithm updates, supervening incompatibility, intervention by third-party suppliers that alter the work performed, hardware failure, or similar events. Among the causes that could lead to the suspension, delay or in any case the failure to provide the Service, for which the Provider is not responsible, the following causes are listed by way of example and not exhaustively: malfunction of telephone and/or electrical lines and/or the internet; malfunction of software, hardware and/or hosting services (Amazon Web Services (AWS), GoDaddy, Amazon Seller Central) and the wix.com site; interruptions and/or suspensions due to legal provisions, even of an exceptional nature or by acts of Italian or foreign Authorities; tampering or intervention by third parties on services or equipment used by the Provider and the Customer; incorrect use of the Software by the Customer; malfunction of connection devices used by the Customer; non-conformity and/or obsolescence of devices or programs used by the Customer; service malfunctions, data loss, accidental disclosure of personal data not attributable to the Provider's behavior and any other type of damage occurring as a result of unauthorized intrusion by third parties or viruses.
5. The Customer declares that the information, documents and any other material, communicated or delivered to the Provider for the purpose of carrying out the Service are accurate, truthful and up-to-date and undertakes to communicate any changes to them with the warning that the latter assumes no obligation to verify their authenticity and cannot be called upon to respond in case of compensation or indemnity claims or other negative consequences, such as the deactivation of the Amazon account or related functionalities, linked to the Service carried out on the basis of the aforementioned information or non-authentic, untruthful or otherwise altered documentation, coming from Amazon or third parties.
6. The Customer declares to be aware that the processing of Customer data is necessary for the use of the Service and that such data will be transmitted over the Internet and will transit through systems only partially owned and/or managed by the Provider. For these reasons, the Provider cannot be responsible in the event that such information is made accessible to unauthorized third parties, interceptions, losses, even due to computer piracy, server failures or other events of this nature not attributable to the former.
7. The Customer is solely responsible for the custody of their access credentials, even as a consequence of sharing such information with the Provider to allow the provision of the Service.
8. In case of a "Full Service" subscription or in any case where the Service provides for activities carried out by the Provider's operators, the achievement of concrete results is strictly linked to the activities carried out and the strategy applied which has been optimized by the latter based on their experience. In light of this, the Provider will not be responsible for the ineffectiveness of the activities implemented even if the Customer does not follow the instructions provided, deliver the requested documentation, communicate the necessary information, make changes to the activity carried out by the Provider, directly or through other professionals, without obtaining prior authorization from the former. The Customer remains free to engage other Providers in order to obtain the same result offered by the Service in question, but acknowledges that the activities carried out could be incompatible with each other or even harmful to the policy, for this reason the Provider assumes no responsibility regarding the ineffectiveness of the Service or any sanctions by Amazon.
For the regulations relating to the processing of personal data by the Provider, please refer to the page on the privacy policy.
1. The following Terms of Service are drafted in Italian. For anything not explicitly provided for in this agreement, reference is made to the provisions of the Italian Civil Code and other legal provisions.
1. All disputes that may arise, directly or indirectly, relating to the interpretation, execution, termination and validity of this agreement will be exclusively within the jurisdiction of the Court of Milan.
1. Links and connections to external sites made available by the Provider are provided for informational purposes only.
2. No liability can be attributed to the Provider regarding the use of external sites whose links and connections are present on the Website.
3. The inclusion of external links does not imply any liability regarding the correct processing of data according to privacy regulations or any other information provided by the Customer to external websites.
1. These Terms and Conditions will remain valid and effective until they are modified and/or supplemented by the Provider. The Provider reserves the right to modify or supplement this Agreement at any time, at its sole discretion.
2. Any modifications to these Terms and Conditions will become effective and binding on the Customer from the moment of publication on the Website. Any modification of the conditions in force will be communicated in advance to customers so that they can review them. Continued use of the Service following modifications to the Agreement constitutes the Customer's consent to such modifications.
3. The Customer is advised to periodically check the Agreement for any updates or modifications that may have an impact on the Service. Without prejudice to what has just been said, the Provider undertakes to communicate modifications to these Terms and Conditions arising from needs and/or regulatory updates on the site in order to inform the Customer.
1. Clauses that for any reason are to be considered wholly or partially null and/or ineffective do not prejudice the remaining provisions of this contract, which will remain valid and effective between the parties.
2. The Provider may at any time and with prior notice deactivate the Customer's access to the Website and suspend the use of the Service if the Customer does not comply with one or more of these contractual clauses or voluntarily violates, with improper behavior, this agreement, without the Customer being able to claim damages and/or compensation of any kind and/or return of amounts.
3. In case of breach by the Customer of this contract, the failure to exercise action by the Provider does not in any case represent a waiver of action.
1. All communications and/or any complaints from the Customer to the Provider must be sent to the e-mail address: info@eagle-eye.software.