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. BISY does not issue or store a persistent password. You sign in either through a supported third-party sign-in provider (OAuth) or with a one-time code that we send to your email address, which expires after a short period and can be used only once.

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Protect access to the email account and to any third-party sign-in provider you use to access the Service
• Keep one-time sign-in codes confidential and never share them with anyone, including anyone claiming to represent BISY
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account or of the email account connected to it

Because a one-time code sent to your email address is enough to sign in, the security of your BISY account depends on the security of your email account and of your connected sign-in provider.

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
• Estimated shipping costs (if applicable)
• Applicable taxes and any retailer fees
• Our service fee (see Section 6)

The preauthorization amount may include a buffer above the expected total, and may be adjusted if the actual purchase price differs from the estimate. See Section 6.3.

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.

5.6 Your BISY Email Alias

When you create an account, we assign you a personal BISY email alias on the @shopping.bisy.co domain. When we place an order on your behalf, we give the retailer that BISY alias rather than your own email address, so the retailer's mail comes to us instead of to you.

Mail that retailers send to your alias — including order confirmations, shipping and delivery notices, return and refund messages, customer service replies, and marketing email — is received and stored by us, automatically classified by our systems to determine what it relates to, and forwarded to the email address associated with your account. We use this mail to operate the Service, for example to confirm that an order was placed, to track its shipment, and to keep you informed about it. Our Privacy Policy describes how this information is handled.

6. Fees and Payment

6.1 Service Fee

We charge a service fee on each purchase we make on your behalf. The fee is calculated on the total of the item price, shipping, taxes, and any fees charged by the retailer.

The fee rate is subject to change at any time without notice. The service fee that applies to your order is disclosed to you at checkout, before you authorize the purchase.

The service fee is charged at the time we purchase the item, not at fulfillment or delivery.

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 Pre-Authorization and Final Charges

Your final charge will reflect:

• The actual purchase price of the product
• Actual shipping costs
• Applicable taxes and any retailer fees
• Our service fee, as disclosed to you at checkout

Because the price of an item, its shipping, taxes, and retailer fees are not known with certainty until we reach the retailer's checkout, the pre-authorization hold we place on your payment method may exceed the expected total for your item by a buffer amount. We determine the buffer, and it is disclosed to you at checkout before you authorize the purchase.

A pre-authorization is a hold, not a charge. If the actual total is less than the amount we pre-authorized, you are charged only the actual amount and the remainder of the hold is released by your bank. If the actual total would exceed the amount we pre-authorized, we may be unable to complete 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, initiate and complete the return directly with the retailer, in accordance with that retailer's return policy and within its return window. Return shipping costs and any restocking fee charged by the retailer are your responsibility, unless the retailer provides otherwise.

Because the order was placed using your BISY email alias, the retailer's return and refund messages come to us, and we use them to track the status of your return.

8.2 Refunds

When a retailer refunds an item we purchased for you, we pass that refund on to you in the amount the retailer refunded, including any shipping and taxes the retailer refunded.

The BISY service fee is refunded only where the item is returned because of our fault — for example, where we purchased the wrong item, size, color, or variant, or otherwise did not fulfill your request as you submitted it. In that case we refund the service fee in full. For any other return, including a change of mind or a fit or quality issue with the retailer's product, the service fee is not refunded.

Refunds are normally issued to your original payment method within 5-10 business days of our receiving the retailer's refund. Where a refund to your card is not possible — for example, because the card has expired, been closed, or been declined by your bank, or because the retailer returned the money to us as store credit or a gift card rather than as cash — we may instead issue you BISY store credit for the same amount. BISY store credit is held on your BISY account and is applied against what you owe on future orders you place through the Service. It is not redeemable for cash.

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. Referral and Commission Program

From time to time we may offer you a referral code to share with other people. Where we do, the following terms apply. Participation is optional, and we may change, suspend, or end the program at any time.

9.1 Using a Referral Code

You may share your referral code and use it as many times as that code allows. Each code carries a limit on the number of times it can be used, which we set and disclose to you when the code is issued; once that limit is reached, the code no longer earns commission.

A referral code counts as "used" when another user places an order through BISY with your code. Signing up, clicking a link, or creating an account does not on its own count as a use.

9.2 Eligibility

To take part in the referral program and be paid under it, you must:

• Hold an active BISY account in good standing that complies with these Terms
• Be at least 18 years of age and a legal resident of the United States
• Refer people who sign up of their own accord — you may not refer yourself, use additional or duplicate accounts to claim referrals, or obtain referrals through spam, misleading claims, paid search on our brand, or by holding yourself out as BISY
• Provide the payment and tax details we need in order to pay you

We may withhold a commission, reverse a commission, or remove you from the program if we determine that a referral was obtained in breach of these conditions.

9.3 Disbursement

Referral funds are disbursed 90 days after the qualifying order is placed, and only after a manual review by us confirming that the order was not returned. The 90-day period allows the retailer's return window to close. We may hold a payout for longer where a review is outstanding or the status of an order is unresolved.

9.4 Clawback

If an order that earned a commission is returned or cancelled, the commission for that order is forfeited. Where we have already paid it, we may recover it by deducting it from future referral payouts, by applying it against amounts you owe us, or by requesting repayment from you.

9.5 Taxes

Referral payouts may be reportable income to you. We may require you to provide tax information, such as a completed Form W-9, before we make any payout, and we may withhold payment until we receive it. We may report payouts to tax authorities where the law requires. You are responsible for any taxes owed on amounts you receive. We do not provide tax advice.

10. 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, except by taking part in our official referral program in accordance with Section 9
• 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

For the avoidance of doubt, sharing a referral code that we issued to you, on the terms set out in Section 9, is permitted and is not a breach of this Section.

11. 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.

12. 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

13. 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.

14. 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

15. 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.

16. 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.

17. Termination and Account Deletion

17.1 Closing Your Account

You may stop using the Service at any time. To have your account and your data deleted, email us at [email protected] from the email address associated with your account. We will delete your data upon request, apart from the limited records we are required to keep for legal, tax, and accounting purposes, as described in our Privacy Policy.

17.2 Termination by Us

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

17.3 Effect of Termination

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

18. 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.

19. 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.

20. Severability

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

21. 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.

22. Contact Us

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

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