Based on the BAGGED: Free to Move™ business plan, this policy is adapted for the proposed acquisition by Amazon. It incorporates the operational details, revenue models, and competitive differentiators outlined in the plan, ensuring alignment with Amazon's existing logistics and customer data strategies while also addressing critical liability and intellectual property concerns.
1.1 Data Ownership and Rights: An Amazon Enterprise Solution
The User acknowledges and agrees that all data, information, or content submitted to, collected by, or processed through the BAGGED: Free to Move™ service (hereinafter "Service Data") is, and shall remain, the exclusive property of Amazon. BAGGED operates as an enterprise solution leveraging Amazon’s established network, and as such, this Agreement grants to Amazon (and its affiliates) the exclusive, perpetual, irrevocable, worldwide, royalty-free, and transferable right to:
- Custody: Store, hold, and maintain possession of all Service Data within Amazon's secure and scalable AWS infrastructure.
- Manage: Organize, structure, and control the Service Data, including determining the methods and means of processing, to optimize the BAGGED service and integrate it seamlessly into Amazon's broader ecosystem.
- Facilitate: Use the Service Data to provide, maintain, and improve the services offered to the User. This includes leveraging the data for Amazon's other legitimate business purposes, such as developing and distributing anonymized or aggregated indicators, indices, or trends for third parties, and enhancing the "Strategic AI-Driven Intelligence Asset" described in the BAGGED business plan.
- Use: Analyze and utilize the Service Data to operate the BAGGED service, personalize the User's Amazon and Prime experience, and fulfill any other purpose authorized by this Agreement or Amazon's existing user agreements. This includes using data to inform delivery optimization within the integrated logistics network.
- Transfer: Transfer the Service Data to Amazon affiliates and third parties as necessary to provide the services (e.g., luggage handling partners), for broader business purposes consistent with Amazon's policies, or as otherwise permitted under this Agreement and applicable law.
1.2 Integration with Existing Amazon Agreements
By using the BAGGED: Free to Move™ service, the User agrees that this section is a supplemental clause to, and is governed by, the terms of their existing Amazon Prime and/or Amazon Services Business Solutions agreements. In the event of a conflict, the terms of this Agreement, including all relevant Amazon policies, shall apply.
1.3 Data Protection and Security
Amazon agrees to implement and maintain commercially reasonable technical, administrative, and physical safeguards to protect the security, confidentiality, and integrity of the Service Data. This includes leveraging AWS's robust security features to prevent unauthorized access, use, or disclosure. The User acknowledges that no data transmission or storage is 100% secure and that Amazon cannot guarantee absolute security.
1.4 User Representations and Responsibilities
The User represents and warrants that they have all necessary rights and permissions to provide the Service Data to Amazon and to the BAGGED service. The User agrees to comply with all applicable laws and regulations concerning their provision of Service Data and its use by Amazon. The User must ensure that any items placed in luggage do not violate Amazon's terms of service or any local, state, or federal laws.
1.5 Intellectual Property License
The User grants Amazon a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit any of the user-submitted materials (e.g., booking details, luggage information) as required to operate the BAGGED service. This aligns with standard Amazon user agreements concerning user-submitted content.