Based on the BAGGED: Free to Move™ business plan, this user agreement 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.
1.0 Agreement for an Amazon Enterprise Solution
1.1. Scope of Agreement and Integration
This User Agreement governs your use of the BAGGED: Free to Move™ service (the "Service"), an enterprise solution provided by Amazon. By accessing or using the Service, you agree to be bound by this Agreement and all relevant terms of Amazon's existing user agreements, including the Amazon Prime and Amazon Services Business Solutions agreements. In the event of a conflict, the terms of this Agreement and related Amazon policies shall apply.
1.2. Service Operations and Infrastructure
The Service is executed using Amazon's existing logistics and last-mile delivery networks, fulfillment centers, and technology infrastructure. You acknowledge and agree that Amazon may leverage its proprietary routing algorithms, optimize idle fleet capacity, and utilize its delivery personnel to facilitate the pickup, transport, and delivery of your luggage.
2.0 Data Ownership and Usage
2.1. Exclusive Rights to Service Data
The User acknowledges and agrees that all data, information, or content submitted to, collected by, or processed through the Service (hereinafter "Service Data") is, and shall remain, the exclusive property of Amazon. Amazon, as the owner of the BAGGED enterprise solution, reserves and shall have the exclusive, perpetual, irrevocable, worldwide, royalty-free, and transferable right to:
- Custody, Manage, and Facilitate: Store, hold, and maintain possession of all Service Data within Amazon's AWS infrastructure, and organize, structure, and control the Service Data for operational purposes.
- Use and Analyze: Analyze and utilize the Service Data to operate and improve the BAGGED service, personalize the User's Amazon and Prime experience, and inform the "Strategic AI-Driven Intelligence Asset" described in the business plan.
- Monetize: License anonymized, aggregated mobility data to third parties as a future revenue stream, in accordance with Amazon's Privacy Notice and applicable law.
3.0 Customer Responsibilities and Liability
3.1. User Representations and Warranties
The User represents and warrants that they have all necessary rights and permissions to provide the Service Data and luggage to Amazon. The User agrees to comply with all applicable laws and regulations concerning their provision of Service Data and its use by Amazon, including ensuring that any items placed in luggage do not violate Amazon's terms of service or any local, state, or federal laws.
3.2. Limitation of Liability
The User agrees that Amazon's liability for loss, damage, or delay of luggage will be limited and governed by the "Per Movement Event" insurance policy provided through Allianz Travel Insurance, as described in the BAGGED plan. Amazon and its affiliates are not responsible for any items left inside furniture or other effects, and certain items (e.g., flammable materials, perishable goods) are prohibited from transport.
3.3. Authentication and Verification
The User agrees to comply with all security and authentication procedures established by Amazon for pickup and delivery, including providing digital signatures or verification codes. Failure to do so may result in refusal of service or additional liability.
4.0 Intellectual Property
4.1. License to User Content
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 user-submitted materials (e.g., booking details, luggage information) as required to operate the Service.
4.2. Ownership of BAGGED Intellectual Property
The User acknowledges that all intellectual property associated with the BAGGED: Free to Move™ service, including the native iOS application, web prototype, and "Diligence Engine" AI backend, is the property of Amazon following the acquisition.
5.0 Revenue and Pricing
5.1. Payment and Service Fees
By using the Service, the User agrees to pay the applicable fees, which may include a standard per-movement fee for non-Prime members or movements outside of subscription benefits, or a subscription fee for Amazon Prime members. The User also agrees to dynamic pricing based on demand, seasonality, and other factors.
5.2. Future Monetization
The User acknowledges that Amazon reserves the right to create additional revenue streams from the BAGGED service, including but not limited to partnership agreements and the future licensing of anonymized, aggregated data.
6.0 Amendments and Termination
6.1. Changes to Agreement
Amazon reserves the right to amend this User Agreement at any time by posting a revised version on its website or providing notice to the User. Your continued use of the Service after any such changes constitutes your acceptance of the new terms.
6.2. Termination
Amazon reserves the right to terminate your access to the Service for any reason, without notice, including for any violation of this Agreement.