Terms of Service

1. Acceptance of Terms and Binding Agreement

Welcome to Listora AI ("Company," "we," "our," or "us"). These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Listora AI regarding your use of our AI-powered e-commerce content generation platform, website, mobile applications, and all related services (collectively, the "Service").

IMPORTANT: BY ACCESSING, USING, OR REGISTERING FOR OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE AI-SPECIFIC PROVISIONS, ARBITRATION CLAUSE, AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICE.

These Terms apply to all users, including visitors, registered users, and premium subscribers. By using our Service, you represent that you are at least 18 years old and have the legal capacity to enter into this Agreement.

2. Description of Service and AI Technology

Listora AI provides an artificial intelligence-powered platform designed to help users generate e-commerce content, including but not limited to:

• AI-generated product descriptions and marketing copy
• Content optimization for multiple e-commerce platforms (Amazon, Shopify, eBay, Etsy, Instagram, etc.)
• Voice-to-content generation and audio processing capabilities
• Image processing, editing, and background removal tools
• Content templates, variations, and customization options
• Third-party platform integrations and publishing tools
• Export capabilities and bulk processing features
• Analytics and performance tracking tools

CRITICAL AI DISCLAIMER: Our Service uses artificial intelligence and machine learning algorithms that are inherently unpredictable and subject to limitations. While we strive for accuracy and quality, AI-generated content may contain errors, inaccuracies, biases, inappropriate material, or content that violates third-party platform policies. YOU ARE SOLELY RESPONSIBLE for reviewing, editing, verifying, and ensuring compliance of all content before use.

Export Control Notice: Our AI technology may be subject to export control laws. Access may be restricted in certain countries or for certain individuals or entities subject to sanctions.

3. User Registration and Account Security

3.1 Account Creation Requirements

• You must provide accurate, current, and complete information during registration
• You must be at least 18 years old or the age of majority in your jurisdiction
• You may only create one account per person or entity
• You must verify your email address before accessing certain features
• You may not register if you are located in a restricted jurisdiction

3.2 Account Security and Responsibility

• You are solely responsible for maintaining the confidentiality of your login credentials
• You are fully responsible for all activities that occur under your account
• You must immediately notify us of any suspected unauthorized use of your account
• We are not liable for any loss or damage arising from unauthorized account access due to your failure to maintain security
• You agree to use strong passwords and enable two-factor authentication when available

3.3 Account Suspension and Termination

We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, for any violation of these Terms, suspicious activity, legal requirements, or any reason we deem appropriate in our sole discretion.

4. Acceptable Use Policy and Prohibited Activities - ENHANCED

4.1 Prohibited Content Generation

You agree NOT to use our Service to generate content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or discriminatory
• Contains false, misleading, or deceptive product claims
• Infringes on intellectual property rights, trademarks, or copyrights of others
• Promotes illegal activities, violence, or harm to individuals or groups
• Contains adult content, pornography, or sexually explicit material
• Violates platform policies of e-commerce sites (Amazon, eBay, Shopify, Etsy, etc.)
• Constitutes spam, bulk messaging, or unwanted commercial communications
• Promotes financial schemes, cryptocurrencies without proper disclosure, or investment advice
• Contains health claims, medical advice, or pharmaceutical information without proper authorization

4.2 Third-Party Platform Compliance - CRITICAL

IMPORTANT PLATFORM LIABILITY DISCLAIMER: You acknowledge that AI-generated content may violate third-party platform policies including but not limited to Amazon, Shopify, eBay, Etsy, and other e-commerce platforms. YOU ASSUME FULL RESPONSIBILITY FOR:

• Platform compliance and policy adherence for all published content
• Account suspensions, bans, or penalties imposed by third-party platforms
• Financial losses resulting from platform policy violations
• Removal of listings, loss of seller privileges, or account restrictions
• Legal consequences arising from non-compliant content

YOU HOLD LISTORA AI HARMLESS from any and all consequences arising from third-party platform actions, policy violations, or content rejections, regardless of whether such violations were foreseeable or preventable.

4.3 Technical Restrictions

• Do not attempt to reverse engineer, decompile, or extract our AI models or proprietary algorithms
• Do not use automated tools, bots, or scripts to access our Service beyond authorized API usage
• Do not attempt to overwhelm our servers or infrastructure through excessive requests
• Do not circumvent usage limits, security measures, rate limits, or access controls
• Do not interfere with other users' access to or use of the Service
• Do not attempt to train competing AI models using our outputs or proprietary data

4.4 Consequences of Violations

Violation of this Acceptable Use Policy may result in immediate account suspension or termination, removal of content, legal action, reporting to appropriate authorities, and liability for damages. You may be held liable for all costs and damages resulting from prohibited use, including legal fees and third-party claims.

5. Intellectual Property Rights and Content Ownership - ENHANCED

5.1 Our Intellectual Property

The Service, including all software, AI models, algorithms, databases, content, trademarks, logos, and intellectual property, is owned by Listora AI and protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You acknowledge that we retain all rights, title, and interest in our intellectual property.

5.2 Your Content and Data Rights

You retain ownership of any original content, data, or materials you upload to our Service ("User Content"). However, by using our Service, you grant us extensive rights as described below.

5.3 Comprehensive License Grant to Listora AI

CRITICAL LICENSE TERMS: By uploading or inputting content into our Service, you grant Listora AI a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content for the purposes of:

• Providing and improving our Service
• Training and enhancing our AI models and algorithms
• Developing new features and capabilities
• Analytics and service optimization
• Creating training datasets for internal and partner AI development
• Research and development purposes
• Marketing and promotional activities (with anonymization)

5.4 AI-Generated Content Ownership and Risks

You own the content generated by our AI based on your inputs and prompts, subject to the following important limitations:

• Non-Exclusivity: Similar or identical content may be generated for other users based on similar inputs
• No Originality Guarantee: We do not warrant that generated content is original or free from third-party rights
• Compliance Responsibility: You must verify that generated content complies with all applicable laws and third-party rights
• Platform Policy Risk: Generated content may violate third-party platform policies
• Copyright Risk: AI-generated content may inadvertently infringe copyrights or other IP rights

5.5 DMCA and Copyright Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on our Service infringes your copyright:

• Send a DMCA takedown notice to our designated agent at dmca@listora.ai
• Include all required DMCA notice elements (identification of work, location, contact info, good faith statement, etc.)
• We will process valid takedown notices promptly
• Users may submit counter-notices for wrongful takedowns
• Repeat infringers' accounts will be terminated

6. Subscription Plans, Payment Terms, and Billing - ENHANCED

6.1 Service Plans and Pricing

Our Service is offered through various subscription plans with different features, usage limits, and pricing. Current plan details and pricing are available on our website and may be updated from time to time with appropriate notice.

6.2 Payment and Billing Terms

• Advance Payment: All subscription fees are billed in advance on a monthly or annual basis
• Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Payment Authorization: You authorize us to charge your payment method for all fees and give us permission to obtain updated payment information
• Failed Payments: Service may be suspended immediately for failed payments until resolved
• Currency: All fees are in US Dollars unless otherwise specified
• Taxes: You are responsible for all applicable taxes, which may be added to your bill

6.3 No Refund Policy - STRICT

NO REFUNDS: ALL FEES PAID ARE STRICTLY NON-REFUNDABLE except as required by applicable law. This includes but is not limited to:

• Subscription fees for any completed billing periods
• Usage-based charges for completed AI generation services
• Upgrade or downgrade fee differences
• Fees for services accessed or used, even partially
• Fees paid prior to account termination for policy violations
• Charges resulting from unauthorized account access

6.4 Chargeback and Dispute Prevention

Chargeback Prohibition: You agree to contact us directly to resolve any billing disputes before initiating chargebacks or payment disputes with your financial institution. Unauthorized chargebacks may result in:

• Immediate account termination
• Collection of chargeback fees and legal costs
• Reporting to credit agencies and fraud databases
• Legal action for damages and fees

6.5 Price Changes

We may change our pricing at any time with at least 30 days' notice for existing subscribers. Price changes will take effect at your next billing cycle. Continued use of the Service after a price change constitutes acceptance of the new pricing.

7. Privacy, Data Protection, and AI Training

Your privacy is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points include:

• We collect and process your data as described in our Privacy Policy
• AI Training Consent: Your content will be used to train and improve our AI models indefinitely
• We implement industry-standard security measures to protect your data
• You have certain rights regarding your personal information, subject to AI training limitations
• Data deletion requests cannot reverse AI training that has already occurred

By using our Service, you consent to our data practices as described in our Privacy Policy and these Terms, including the use of your content for AI model training.

8. Service Availability and Modifications

8.1 Service Availability

While we strive to provide reliable service, we do not guarantee 100% uptime or uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Technical difficulties or server issues
• Third-party service interruptions (AI providers, cloud hosting)
• Force majeure events beyond our control
• Security incidents or necessary emergency measures
• Legal or regulatory requirements

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Service at any time, with or without notice. This includes changes to AI models, features, pricing, or terms. We are not liable for any modification, suspension, or discontinuation of the Service.

9. Disclaimers and Limitations of Warranties - COMPREHENSIVE

9.1 Critical AI Content Disclaimers

ESSENTIAL AI DISCLAIMER: Our AI generates content based on algorithms, training data, and machine learning models that are inherently unpredictable and subject to biases, errors, and limitations. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING:

• Accuracy, completeness, reliability, or appropriateness of generated content
• Suitability for any particular purpose, platform, or use case
• Compliance with industry standards, platform requirements, or legal regulations
• Freedom from errors, biases, inappropriate content, or harmful outputs
• Originality, uniqueness, or non-infringement of third-party rights
• Compliance with Amazon, Shopify, eBay, Etsy, or other platform policies
• Commercial success, performance, or effectiveness of generated content

9.2 User Assumption of AI Risks

YOU EXPRESSLY ASSUME ALL RISKS related to AI-generated content including but not limited to:

• Copyright infringement claims and legal liability
• Third-party platform policy violations and account penalties
• Regulatory non-compliance and legal consequences
• Commercial failures and financial losses
• Reputational damage from inappropriate content
• Algorithmic bias and discriminatory outputs
• Factual errors and misinformation

9.3 General Service Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING:

• WARRANTIES OF MERCHANTABILITY
• WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
• WARRANTIES REGARDING THE SECURITY OR TIMELINESS OF THE SERVICE
• WARRANTIES OF ACCURACY OR RELIABILITY
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

9.4 Third-Party Platform Disclaimers

We disclaim all responsibility for third-party platforms' policies, actions, or decisions. We do not guarantee that AI-generated content will comply with any third-party platform's current or future policies, and we are not responsible for any consequences resulting from platform policy violations.

10. Limitation of Liability and Damages - MAXIMUM PROTECTION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LISTORA AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
• BUSINESS INTERRUPTION OR LOSS OF USE
• DAMAGES RESULTING FROM AI-GENERATED CONTENT, INCLUDING COPYRIGHT INFRINGEMENT CLAIMS
• DAMAGES FROM THIRD-PARTY PLATFORM ACTIONS, POLICY VIOLATIONS, OR ACCOUNT SUSPENSIONS
• DAMAGES FROM SERVICE INTERRUPTIONS, DATA LOSS, OR SECURITY BREACHES
• DAMAGES EXCEEDING THE TOTAL AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you. In such cases, our liability is limited to the fullest extent permitted by law.

AGGREGATE LIABILITY CAP: Our total liability to you for all claims arising from or related to the Service shall not exceed the lesser of (a) $100 or (b) the total amount paid by you to us in the 12 months preceding the claim.

11. Comprehensive Indemnification

You agree to indemnify, defend, and hold harmless Listora AI and its officers, directors, employees, agents, affiliates, and suppliers from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your use of the Service or violation of these Terms or our policies
• Your User Content or any content you generate, publish, or distribute using our Service
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable laws, regulations, or third-party platform policies
• Any misrepresentation or breach of warranty made by you
• Claims arising from AI-generated content you use or distribute
• Third-party platform actions resulting from your use of our Service
• Any unauthorized access to your account due to your failure to maintain security

This indemnification obligation will survive termination of these Terms and your use of the Service.

12. Termination and Account Closure

12.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or contacting our support team. Termination will be effective at the end of your current billing period, and no refunds will be provided for unused portions of paid subscriptions.

12.2 Termination by Us

We may suspend or terminate your account immediately, with or without notice, for:

• Violation of these Terms or our policies
• Non-payment of fees or chargebacks
• Suspicious, fraudulent, or illegal activity
• Legal or regulatory requirements
• Abuse of our Service or resources
• Any reason we deem appropriate in our sole discretion
• Threat to the security or integrity of our Service

12.3 Effects of Termination

Upon termination: (a) your access to the Service will cease immediately; (b) you remain liable for all outstanding fees and obligations; (c) we may delete your account and data after a reasonable period; (d) content used for AI training will remain in our systems; (e) all provisions that should survive termination will remain in effect, including indemnification, limitation of liability, and dispute resolution.

13. Mandatory Dispute Resolution and Arbitration

13.1 Mandatory Arbitration Agreement

PLEASE READ CAREFULLY: Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or our relationship shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court, except for:

• Claims that may be brought in small claims court
• Claims for injunctive relief to protect intellectual property
• Claims related to the validity or enforceability of this arbitration clause

13.2 Arbitration Procedures

• Arbitration will be conducted in Delaware, United States
• The arbitrator's decision will be final and binding
• Each party will bear its own costs and attorneys' fees unless the arbitrator decides otherwise
• Discovery will be limited as determined by the arbitrator
• The arbitration will be confidential

13.3 Class Action and Collective Action Waiver

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, COLLECTIVE ACTIONS, OR REPRESENTATIVE PROCEEDINGS. Any arbitration will be conducted on an individual basis and not as a class, collective, or representative action. You may not consolidate or join claims with other users.

13.4 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@listora.ai within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

International Users: If you are accessing our Service from outside the United States, you acknowledge that you are subject to U.S. law and jurisdiction for all matters related to the Service.

15. Export Controls and Sanctions Compliance

Our Service and AI technology may be subject to export control laws and regulations. You represent and warrant that:

• You are not located in a country subject to U.S. government embargo
• You are not on any U.S. government restricted or denied party list
• You will comply with all applicable export control and sanctions laws
• You will not use our Service for any prohibited end use or end user

We reserve the right to restrict access to our Service based on geographic location or other factors to ensure compliance with applicable laws.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Listora AI and supersede all prior agreements, understandings, and communications, whether written or oral.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

16.3 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. We may assign these Terms at any time without notice, including in connection with a merger, acquisition, or sale of assets.

16.4 No Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Listora AI.

16.5 Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, pandemics, or third-party service interruptions.

16.6 Survival

Provisions that by their nature should survive termination will survive, including intellectual property rights, indemnification, limitation of liability, dispute resolution, and governing law.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on our website with a new effective date
• Sending email notification to registered users
• Providing in-app notifications
• For significant changes, requiring affirmative acceptance

Your continued use of the Service after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modifications, you must stop using the Service and may terminate your account.

18. Contact Information

For questions about these Terms or our Service, please contact us: