ShipWatch Terms & Conditions

1. Introduction
Welcome to ShipWatch, an application developed and provided by Shipwatch, a company based in the Netherlands ("we," "us," or "our"). ShipWatch is a Shopify app that enables merchants to monitor, analyze, and optimize their third-party logistics (3PL) operations and shipping costs. By using ShipWatch and its related services (the "Service"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, you may not use the Service.

2. Definitions
- "Merchant": A Shopify store owner who installs and uses the ShipWatch app on their Shopify account.
- "3PL Provider": Third-party logistics providers who handle warehousing, fulfillment, and shipping services for the Merchant.
- "Carrier": Companies that transport packages from the 3PL Provider to the end customer.
- "Invoice Data": Data related to billing from 3PL Providers and Carriers.

3. Role of ShipWatch and Merchant Responsibility
ShipWatch is a tool that monitors shipments, analyzes 3PL performance, and identifies potential cost-saving opportunities. We do not handle shipping, fulfillment, or manage relationships with 3PL Providers or Carriers. All business relationships with 3PL Providers and Carriers, including contract negotiations, dispute resolution, and service agreements, are the sole responsibility of the Merchant.

By using ShipWatch, you acknowledge and agree that:
- Any disputes, complaints, or claims related to shipping services must be directed to your 3PL Provider or Carrier.
- We provide analytics and recommendations based on the data provided, but the final decision on shipping strategies remains with you.
- We are not responsible for any loss, damage, or injury arising from shipping delays, lost packages, or other issues related to your 3PL Provider or Carrier.
- You will not hold us liable for any issues or losses associated with your interaction with 3PL Providers or Carriers.

4. Data Usage and Privacy
By agreeing to these Terms, Merchants consent to our collection, use, and processing of their data, including but not limited to order information, shipping details, and 3PL invoice data, as described below and in our Privacy Policy.

We may use your data for:
- Service Provision: To monitor shipments, verify invoice accuracy, and provide optimization recommendations.
- Service Improvement: To analyze usage and improve ShipWatch's functionality, user experience, and features.
- Benchmarking: To create anonymized industry benchmarks that help merchants understand how their shipping costs and carrier performance compare to industry standards.
- Analytics: For research, analytics, and product development purposes, which may include aggregated or anonymized reporting.

For more details on data handling, storage, and security, please consult our Privacy Policy.

5. Data Access Authorization
By installing ShipWatch, you authorize us to access and process your Shopify store data, including order information, customer shipping addresses, and other relevant data needed to provide the Service. You also agree to upload or connect your 3PL and Carrier invoice data for analysis.

You represent and warrant that you have the right to share this data with us and that doing so does not violate any agreements you have with third parties, including your 3PL Providers and Carriers.

6. Intellectual Property
All intellectual property rights (including trademarks, copyrights, and patents) associated with ShipWatch are owned by or licensed to Shipwatch. You may not use, reproduce, distribute, or create derivative works from our content without our express written permission.

7. Prohibited Activities
Merchants agree not to:
- Use ShipWatch for any illegal or unauthorized purpose.
- Interfere with or disrupt the Service or the networks connected to it.
- Attempt to access non-public areas of the Service.
- Misrepresent your identity or affiliation with another person or entity.
- Share your ShipWatch account credentials with unauthorized users.

8. Warranties and Disclaimers
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or secure.

While ShipWatch aims to identify cost-saving opportunities and shipping inefficiencies, we do not guarantee specific cost reductions or performance improvements. The effectiveness of our recommendations depends on various factors, including your 3PL Provider's policies, your shipping volume, and market conditions.

9. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from:
- Your access to or use of (or inability to use) the Service.
- Any conduct or content of any third party, including 3PL Providers and Carriers.
- Any content obtained from the Service.
- Unauthorized access, use, or alteration of your data.

In no event shall our aggregate liability exceed the total amount paid by you for the Service during the three (3) months preceding the event giving rise to the liability.

10. Indemnification
You agree to indemnify, defend, and hold harmless Shipwatch and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service.
- Your violation of these Terms or any applicable law.
- Your interaction with 3PL Providers, Carriers, or other third parties.

11. Modifications to the Terms
We may revise these Terms from time to time by posting the updated version on our website or through the Service. By continuing to use ShipWatch after changes have been posted, you agree to be bound by the revised Terms. If you do not agree with the updated Terms, please discontinue using the Service.

12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles. Any disputes arising from these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands.

13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Entire Agreement
These Terms constitute the entire agreement between you and ShipWatch and supersede all prior or contemporaneous agreements, understandings, or communications.

15. Contact Information
For questions or concerns regarding these Terms, please contact us at: terms@shipwatch.com