End User License Agreement
1. Who this agreement covers
This End User License Agreement (“EULA”) is between Fourth Zodiac Inc. (“Fourth Zodiac”, “we”, “us”) and the client or staff member who signs in, and every person who uses that login (“you”). It covers all Fourth Zodiac software: the client portal, FZ WMS, the Team Hub, the CRM, the mobile and handheld apps for iOS and Android, the desktop apps (including SecureGateway and the print agent), the browser extension, and the open API (together, the “Software”). If you sign in for a company, you confirm that you are authorized to accept this EULA for that company.
2. License
While your login is active, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the Software only (a) for clients, to manage the client’s business with Fourth Zodiac, and (b) for staff, to do work for Fourth Zodiac. The Software is licensed, not sold. We and our licensors keep all rights not expressly granted.
3. What you may not do
You may not: (a) copy, modify, translate or make derivative works of the Software; (b) reverse engineer, decompile or disassemble it, except to the extent the law allows despite this restriction; (c) scrape it, bulk-extract data from it, or access it by automated means other than the open API within its published limits; (d) share your login or let anyone else use it; (e) get around security, access controls, rate limits or two-step verification; (f) try to access another client’s data or any data your permissions do not grant; (g) use the Software to build or benchmark a competing product; (h) remove proprietary notices; or (i) use the Software in breach of any law, including export control and sanctions laws.
4. Logins and security
Logins are personal. Keep your password and verification codes confidential, turn on two-step verification where offered (staff must when Fourth Zodiac requires it), and tell us at once at info@fourthzodiac.com if you suspect anyone else has used your login. You are responsible for all activity under your login. We may suspend a login at any time to protect the Software, our clients or their data.
5. Your data
Data a client submits or connects (products, inventory, inbounds, orders, buyer information and documents) stays the client’s. The client grants Fourth Zodiac a license to host, copy, process, transmit and display that data to provide the services, keep the Software secure, comply with law, and as described in the Privacy Policy and the Data Processing Terms. We may use aggregated and de-identified operational data (for example volumes and processing times) to run and improve our services, in a form that identifies no client and no person.
6. AI features
Some features use artificial intelligence, for example drafting replies to requests, translating, summarizing and sorting messages. AI output can be wrong or incomplete: check it before you rely on it. AI output is not legal, customs, tax or financial advice. Content sent to AI features is processed by our AI providers under commercial terms that do not allow them to use it to train their models.
7. Feedback
If you send us suggestions or feedback, we may use them freely and without any obligation to you.
8. Updates and availability
We may update, change or retire features at any time, and apps may update automatically. We do not promise that the Software will be uninterrupted, error-free or reachable from every location; access from places where the internet is restricted or filtered (including mainland China) may be slow or unavailable. Service levels apply only where a signed service agreement sets them.
9. Third-party services and open source
The Software connects to services run by others, such as carriers, marketplaces and store platforms, ShipOut and Lark. Their own terms govern your use of them and we are not responsible for them. Open-source components in the Software are licensed under their own licenses, which control for those components.
10. Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. Tracking events, rates, estimates and inventory figures shown in the Software are operational information that may be delayed or incomplete.
11. Limitation of liability
For clients, the Limitation of Liability Terms also apply to the Software. For everyone else, and to the maximum extent permitted by law: we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and our total liability arising out of or relating to the Software will not exceed one hundred US dollars (US$100).
12. Term and termination
This EULA applies while your login is active. It ends when your login is disabled, when the client’s services or your work for Fourth Zodiac end, or when you breach it. When it ends you must stop using the Software and delete installed apps. What happens to client data is set by the service agreement and the Data Processing Terms. Sections 3, 5, 7 and 9 to 15 survive the end of this EULA.
13. Export control and sanctions
The Software is subject to US export control and sanctions laws. You confirm that you are not located in a country or region under comprehensive US sanctions, are not on any US restricted-party list, and will not use the Software for any prohibited end use.
14. Apple and Google app stores
If you got an app from the Apple App Store: this EULA is between you and Fourth Zodiac, not Apple; Apple has no obligation to provide maintenance or support; if the app fails to conform to any applicable warranty you may notify Apple, which will refund any purchase price paid, and Apple has no other warranty obligation to the extent permitted by law; Fourth Zodiac, not Apple, is responsible for any claims relating to the app, including product liability, legal or regulatory compliance and intellectual-property claims; you must comply with applicable third-party terms when using the app; and Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you. If you got an app from Google Play, the Google Play terms also apply.
15. Precedence, language, law and changes
If documents conflict, this order applies: a signed service agreement; then the Warehousing & Fulfillment Service Agreement and the Limitation of Liability Terms; then this EULA; then the Acceptable Use Policy. For staff, an employment or contractor agreement prevails over this EULA. This EULA is governed by the laws of the State of North Carolina, USA, without regard to conflict-of-laws rules. Client disputes are resolved as set out in the Limitation of Liability Terms; any other dispute goes to the state or federal courts in Guilford County, North Carolina, unless mandatory law where you live provides otherwise. We provide this EULA in English and Chinese; if they conflict, the English version controls to the extent permitted by law. When we change this EULA we publish a new version, and you will be asked to accept it at your next sign-in.