Terms of Service

1. Description of Service

BISY provides an automated monitoring and purchasing service for out-of-stock retail products. Our Service allows you to:

• Submit product URLs from supported retailers for items that are currently out of stock
• Preauthorize payment for the product plus our service fee
• Have our automated systems monitor the product for availability
• Upon restock, have us automatically purchase the item on your behalf
• Receive the purchased item shipped directly to your specified address

We act as your purchasing agent, buying products on your behalf when they become available.

2. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Be a legal resident of the United States
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Have a valid payment method

3. Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Supported Retailers

Our Service currently supports a limited number of retailers. The list of supported retailers may change at any time without notice. We do not guarantee availability of monitoring for any specific retailer or product.

5. Service Process

5.1 Submitting a Request

When you submit a product URL, we will attempt to:

• Verify the product exists at the specified retailer
• Confirm product details including price, size, color, and other variants
• Estimate the current retail price

You are responsible for ensuring the accuracy of product selections, including size, color, and other variants.

5.2 Payment Preauthorization

Before we begin monitoring a product, you must preauthorize payment covering:

• The estimated retail price of the product
• Our service fee (5% of the product price)
• Estimated shipping costs (if applicable)
• Applicable taxes

The preauthorization amount may be adjusted if the actual purchase price differs from the estimate.

5.3 Monitoring

Once payment is preauthorized, our automated systems will monitor the product for availability. We do not guarantee:

• Any specific monitoring frequency
• That we will detect every restock event
• That we will successfully purchase the product upon restock
• Any timeframe for product availability

5.4 Purchase

When our systems detect product availability, we will attempt to complete a purchase on your behalf. Purchases are made using our payment methods and the item is shipped to your specified address.

You acknowledge that:

• Purchase attempts may fail due to inventory limitations, technical issues, or retailer restrictions
• We cannot guarantee successful purchase even when a product appears available
• Some retailers may cancel orders after placement

5.5 Fulfillment

Purchased items are shipped directly from the retailer to your specified shipping address. Shipping times and methods are determined by the retailer.

6. Fees and Payment

6.1 Service Fee

Our service fee is 5% of the product purchase price. This fee is charged only upon successful purchase and fulfillment.

6.2 Payment Processing

All payments are processed through Stripe. By using our Service, you agree to Stripe's terms of service and authorize us to charge your payment method.

6.3 Final Charges

Your final charge will reflect:

• The actual purchase price of the product
• Our 5% service fee
• Actual shipping costs
• Applicable taxes

If the actual total is less than the preauthorized amount, you will only be charged the actual amount. If the actual total exceeds the preauthorization, we may request additional authorization before completing the purchase.

7. Cancellations

7.1 Cancellation by You

You may cancel a monitoring request at any time before purchase is completed. No fees are charged for cancelled requests.

7.2 Cancellation by Us

We reserve the right to cancel any monitoring request or purchase at our discretion, including but not limited to:

• Suspected fraud or abuse
• Inability to verify payment information
• Product URL errors or unsupported retailers
• Technical limitations
• Retailer restrictions

8. Returns and Refunds

8.1 Returns

If you need to return a purchased item, you must:

1. Initiate the return directly with the retailer according to their return policy
2. Complete the return process with the retailer
3. Provide us with proof of the completed return (return confirmation, refund receipt, etc.)

8.2 Refunds

Upon verification of your completed return, we will refund:

• The product price (as refunded by the retailer)
• Our service fee (in full)

Refunds are processed to your original payment method within 5-10 business days of verification.

8.3 Non-Returnable Items

We are not responsible for items that are non-returnable per the retailer's policy. You acknowledge that return policies vary by retailer and product.

9. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose
• Submit false or misleading information
• Attempt to circumvent any security measures
• Use automated systems to access the Service (except as we provide)
• Resell or commercially exploit the Service
• Interfere with the proper operation of the Service
• Use the Service to purchase items for resale in violation of retailer terms
• Create multiple accounts to circumvent limitations

10. Intellectual Property

The Service, including all content, features, and functionality, is owned by BISY and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Service without our express written permission.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
• ANY PRODUCT WILL BECOME AVAILABLE OR BE SUCCESSFULLY PURCHASED
• PRODUCT INFORMATION OR PRICING IS ACCURATE
• THE SERVICE WILL MEET YOUR REQUIREMENTS

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BISY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS OR REVENUE
• LOSS OF DATA
• LOSS OF GOODWILL
• FAILURE TO PURCHASE A DESIRED PRODUCT
• PRODUCT DEFECTS OR ISSUES

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless BISY and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any products purchased through the Service

14. Third-Party Services

Our Service interacts with third-party retailers and payment processors. We are not responsible for the actions, content, or policies of any third party. Your interactions with retailers are governed by their terms and policies.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Site or by email. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

16. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon termination:

• Your right to use the Service ceases immediately
• Any pending monitoring requests will be cancelled
• Outstanding charges remain payable
• Provisions intended to survive termination shall survive

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.

18. Dispute Resolution

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

YOU AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR CLASS ARBITRATION.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BISY regarding the Service and supersede any prior agreements.

21. Contact Us

If you have questions about these Terms, please contact us at:

BISY
Email: [email protected]
Website: https://bisy.co