1. Introduction
By enrolling in the Profit Cyclops Reimbursement Service (hereafter referred
to as "the Service"), you, the Seller, are entering into a binding agreement
with Profit Cyclops. Please review these Terms and Conditions carefully.
2. Our Expertise
Profit Cyclops specializes in assisting sellers in obtaining FBA
reimbursements through the use of advanced proprietary software and a
dedicated team of specialists.
3. Program Objective
The primary objective of the Service is to aid Sellers in recovering losses
arising from FBA lost and damaged inventory:
Items that are lost, damaged, or destroyed,
Being credited an amount higher than what was charged,
Items refunded but not received back,
Incorrectly levied commissions,
Replacements given after 45 days,
Inventory reduced post-closure of shipment,
Incorrectly scanned returned products,
Unrefunded chargebacks,
Goods damaged during return by the carrier or Amazon.com,
4. Proven Success
Profit Cyclops has successfully secured hundreds of thousands in
reimbursements from Amazon for businesses of varied sizes.
5. Reimbursement Process
The reimbursement process employed by the Service is semi-manual. It
necessitates meticulous care and must be completed within a stipulated
time frame.
6. Time-Sensitive Claims
Sellers are to be aware that claims must be made within a specific time
frame. Failing to adhere to this will mean potential reimbursements may be
left unclaimed.
7. Free Enrollment
Joining the Profit Cyclops reimbursement program is free of charge.
8. Flexible Participation
Sellers retain the flexibility to withdraw from the Service at any given time.
However, any ongoing claims or processes will be finalized as per the
Service's policies.
9. No-Win-No-Fee Policy
Our reimbursement service operates on a "No-Win-No-Fee" model. If no
reimbursement is secured for the Seller, no fee will be charged. In the event
of successful reimbursement, a manager will reach out to you with specific
details on the fee structure.
10. Service Fee
For every successful reimbursement, Profit Cyclops will charge a service fee
amounting to 25% of the total reimbursement obtained.
Fees will be automatically deducted from the payment method you have on
file in our payment processing system. If an automatic payment fails, Profit
Cyclops may require immediate payment of the outstanding fees and may
temporarily suspend the Customer's access to the service until full payment
is received.
11. Seamless Experience
Profit Cyclops strives to provide Sellers with a hassle-free experience.
However, Sellers are expected to cooperate with any information or
documentation requests to ensure the process's smooth flow.
12. Termination and Withdrawal
Should you decide to withdraw from the Service, please notify Profit Cyclops
in writing. However, if a claim is in process, Profit Cyclops reserves the right
to complete the claim and charge the appropriate fee.
13. Changes to Terms and Conditions
Profit Cyclops reserves the right to modify these Terms and Conditions at
any time. Sellers are advised to regularly review this document to stay
informed.
By enrolling in the Profit Cyclops Reimbursement Service, you acknowledge
that you have read, understood, and agree to be bound by these Terms and
Conditions.
14. LIABILITY AND RISKS
14.1. Customers use Profit Cyclops services at their own discretion. Except
for terms specifically outlined, Profit Cyclops assumes no responsibility for
outcomes related to its platform.
14.2. Profit Cyclops isn’t accountable for content, services, or actions of
third parties (e.g., Amazon). Any reliance on such content is the Customer’s
responsibility.
14.3. The Customer is solely in charge of selecting their business partners
(including platforms like Amazon) and defining terms with them.
14.4. Profit Cyclops isn’t liable for the quality, availability or compliance of
products/services offered by Customers. We also don’t endorse third-party
links on our platform.
14.5. Verification of data submitted by Customers to third parties, including
Amazon, remains the responsibility of the Customer. Profit Cyclops will not
inspect this data for accuracy or completeness.
14.6. In no event will Profit Cyclops be held responsible for loss,
interception, or corruption of Customer Data, including cyber-attacks or
server failures.
14.7. Profit Cyclops won’t be liable for losses stemming from Customers not
adhering to security measures.
14.8. Any security breaches linked to Customer login credentials are the sole
responsibility of the Customer.
14.9. Profit Cyclops will not cover losses due to inaccuracies, errors, or
omissions in Customer Data or related claims.
14.10. Any disruptions or suspensions by third parties, including Amazon,
affecting the Profit Cyclops platform or Customer’s business, are not our
responsibility.
14.11. Use of certain tools within Profit Cyclops is at the Customer’s risk. We
don’t guarantee their performance or outcomes.
15. LIABILITY RESTRICTIONS
Under no circumstance will Profit Cyclops be accountable for: financial
losses, data losses, misinformation, or any indirect, consequential damages
resulting from various causes, including breaches, negligence, or failures.
16. LIABILITY CAP
Profit Cyclops's total liability won't exceed the amount paid by the Customer
to Profit Cyclops in the past year. This cap applies regardless of the legal
nature of the claim.
17. INDEMNIFICATION
17.1. Customers must shield Profit Cyclops against claims stemming from
their misuse of the platform, negligence, data inaccuracies, or their
interactions with third parties.
17.2. If Profit Cyclops is found guilty of severe negligence or intentional
misconduct, we'll cover damages up to the defined Liability Cap.
17.3. Indemnification is contingent on timely notification of claims and
cooperation between parties. Indemnification claims are subject to final
judicial determination or mutual settlements.
18. GENERAL TERMS
18.1 Transfer: Without Profit Cyclops's written approval, the customer can't
transfer this contract.
18.2 Nature of Relationship: The parties operate independently and aren't
partners, joint ventures, employees, or agents.
18.3 Whole Agreement: This contract is the complete understanding
between the parties and prevails over previous agreements. Any changes
require written consent.
18.4 Invalid Provisions: If any clause becomes unenforceable, it doesn't
impact the contract's validity.
18.5 Rights: A party not enforcing a term doesn't relinquish its rights to do
so later.
18.6 Inclusions: Any exhibits or addenda in the Agreement are considered
part of it.
18.7 No Assumed Promises: Parties acknowledge they're only bound by the
written terms, not by unspoken promises.
18.8 Communication: Written notice can be provided via personal delivery,
courier, registered mail, or email.
18.9 Law & Jurisdiction: California law applies. Disputes will be settled in
California courts. Customers waive the right to a jury trial and acknowledge
understanding the terms.
18.10 Uncontrollable Events: Neither party is accountable for disruptions
caused by circumstances beyond their control, except for payment duties.
18.11 Age Limit: Only individuals 18 or older can use the Profit Cyclops
platform or services. Accessing the platform means you confirm being 18 or
older and agree to the terms.
