Terms of Service

Last updated: [EFFECTIVE DATE] — Draft pending counsel review

Draft for legal review. This document is a professional draft intended as a starting point and does not constitute legal advice. It should be reviewed and finalized by qualified counsel before production use. Bracketed items like [LIKE THIS] are placeholders to be completed.

These Terms of Service (“Terms”) govern your access to and use of ListingSmart.ai, operated by [LEGAL ENTITY NAME] (“we”, “us”). ListingSmart.ai is an AI-powered ecommerce listing optimization service that scores listings, generates and rewrites listing content, performs keyword research, and benchmarks competitors. Please read these Terms carefully.

1. Acceptance of Terms

By creating an account or using the service, you agree to be bound by these Terms and our Privacy Policy. If you are using the service on behalf of an organization, you represent that you are authorized to bind that organization. If you do not agree, do not use the service.

2. Service Description

The service provides AI-assisted tools to score (the “LSQ” score), generate, rewrite, and optimize ecommerce product listings, research keywords, and benchmark against competitor listings, and to connect supported marketplaces (Amazon, Shopify, eBay, Etsy, Walmart). Features and quotas depend on your subscription tier.

3. Accounts & Eligibility

You must be at least 18 years old and provide accurate registration information. You are responsible for safeguarding your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.

4. Subscriptions, Billing & Cancellation

  • Plans & trial: we offer Basic, Essential, and Premium tiers and a 3-day free trial. Usage is subject to plan quotas (e.g. listing generations, keyword runs, optimizations).
  • Billing: paid plans are billed via Stripe on a monthly, 6-month, or yearly interval, as selected. Subscriptions renew automatically at the end of each billing period unless cancelled.
  • Cancellation: you may cancel at any time via the billing portal. Cancellation takes effect at the end of the current billing period; you retain access until then.
  • Refunds: except where required by law, payments are non-refundable and cancellation does not provide a prorated refund for the current period. [CONFIRM REFUND POLICY WITH COUNSEL]
  • Price changes: we may change prices or plan features with notice; changes apply to subsequent billing periods.

5. Acceptable Use

You agree not to:

  • Use the service unlawfully or to generate false, deceptive, infringing, or prohibited content;
  • Violate the terms or policies of any connected marketplace or third-party provider;
  • Reverse engineer, scrape, overload, or attempt to circumvent quotas, security, or rate limits;
  • Resell or provide the service to third parties except as expressly permitted; or
  • Submit content you do not have the right to submit.

6. Your Responsibilities

You must review all AI-generated content before publishing it. You are solely responsible for the accuracy, legality, and compliance of your listings, including compliance with each marketplace’s rules and applicable laws (e.g. advertising, intellectual property, product safety, and labeling requirements). ListingSmart.ai is a tool that assists you; it does not publish on your behalf without your direction and does not assume responsibility for your listings.

7. AI Output Disclaimer

The service uses third-party AI/LLM providers (e.g. Google Gemini) to generate scores and content. AI output may be inaccurate, incomplete, or unsuitable, and may contain errors. We do not warrant or guarantee any particular result, including search rankings, visibility, traffic, conversions, or sales. Scores (including the LSQ score) are indicative estimates, not guarantees of performance. You must independently review and verify AI output before relying on or publishing it.

8. Intellectual Property

  • Your content: you retain ownership of the listing content and data you submit, and of the output generated for you, subject to the rights of third parties and applicable AI-provider terms. You grant us a limited license to process your content to provide the service.
  • Our platform: we own the ListingSmart.ai software, models integration, branding, and all related intellectual property. No rights are granted except as expressly stated.

9. Third-Party Services

The service integrates third-party services including Stripe (payments), connected marketplaces, and AI providers. Your use of those services is subject to their own terms and policies, and we are not responsible for their acts, omissions, availability, or changes.

10. Disclaimer of Warranties

The service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or secure, or that results will meet your expectations.

11. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the service or AI output. Our total aggregate liability for any claim will not exceed the amounts you paid to us in the [NUMBER] months preceding the event giving rise to the claim. [CONFIRM CAP WITH COUNSEL] Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless [LEGAL ENTITY NAME] and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your content, your listings, your use of the service, or your violation of these Terms or applicable law.

13. Termination

You may stop using the service and cancel at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the service in a way that risks harm to us, other users, or third parties. Upon termination, your right to use the service ceases; certain provisions survive (e.g. IP, disclaimers, limitation of liability, indemnification).

14. Governing Law

These Terms are governed by the laws of [GOVERNING JURISDICTION], without regard to conflict of laws principles, and the courts located in [GOVERNING JURISDICTION] will have exclusive jurisdiction over disputes, except where applicable consumer law provides otherwise.

15. Changes to These Terms

We may update these Terms from time to time. We will post the updated version with a new effective date and, where appropriate, notify you. Continued use of the service after changes take effect constitutes acceptance.

16. Contact

Questions about these Terms? Contact us at [PRIVACY CONTACT EMAIL] or via our contact page. The operating entity is [LEGAL ENTITY NAME], [BUSINESS ADDRESS].