Terms of Service

Effective Date: January 25, 2025
Last Updated: January 25, 2025

Welcome to ListTune (”we,” “us,” “our,” or the “Service”), an AI-powered eBay listing optimization platform operated by ListTune Inc. These Terms of Service (”Terms” or “Agreement”) constitute a legally binding agreement between you (”you,” “your,” or “User”) and ListTune Inc. regarding your access to and use of our Service, including our website, applications, APIs, and all related services.

1. Acceptance of Terms and Eligibility

1.1 Agreement to Terms

By registering for an account, accessing our website, using our services, or clicking “I Agree” (or similar), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must immediately cease all use of our Service.

1.2 Legal Capacity and Age Requirements

You represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity and authority to enter into this Agreement
• If using the Service on behalf of an entity, you have authority to bind that entity to these Terms
• Your use of the Service does not violate any applicable laws or regulations

1.3 Account Registration Requirements

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized access or security breach

2. Service Description and Features

2.1 Core Services

ListTune provides an AI-powered SaaS platform designed to optimize eBay listings through automated enrichment and enhancement services, including but not limited to:

• AI-powered automated generation and optimization of item specifics for eBay listings
• Intelligent quality scoring and comprehensive optimization recommendations
• Bulk processing capabilities for multiple listings simultaneously
• RESTful API access for seamless integration with third-party systems
• Real-time analytics, performance tracking, and reporting dashboards
• Category-specific optimization based on eBay’s requirements
• Multi-language support for international sellers
• Automated compliance checking for eBay policies

2.2 Service Limitations

Our Service relies on artificial intelligence and machine learning technologies. While we strive for accuracy, the Service may occasionally produce errors or suboptimal results. You acknowledge that the Service is provided as a tool to assist, not replace, human judgment in managing eBay listings.

3. User Accounts, Security, and eBay Integration

3.1 Account Security Responsibilities

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, whether authorized or not
• Implementing appropriate security measures for API keys and tokens
• Promptly notifying us of any unauthorized use or security breach
• Ensuring your account information remains accurate and current

3.2 eBay Account Authorization

To utilize our Service, you must:

• Maintain an active eBay seller account in good standing
• Authorize ListTune to access your eBay account via OAuth 2.0
• Grant necessary permissions for reading and updating listing data
• Ensure compliance with eBay’s terms of service and seller policies
• Maintain valid API credentials and permissions

3.3 Account Suspension and Security Measures

We reserve the right to suspend or terminate accounts that show signs of unauthorized access, suspicious activity, or violation of these Terms. We may implement additional security measures, including but not limited to two-factor authentication, IP restrictions, and activity monitoring.

4. Subscription Plans, Billing, and Payment Terms

4.1 Available Subscription Tiers

We offer tiered subscription plans to accommodate various business needs. Current plans include:

• Free Plan: 25 enrichments per month at no cost
• Professional Plan: 1,000 enrichments per month for $39/month
• Business Plan: 5,000 enrichments per month for $99/month
• Enterprise Plan: Unlimited enrichments starting at $299/month with custom pricing available

Plan features, pricing, and limits are subject to change with 30 days’ notice to existing subscribers.

4.2 Billing and Payment Processing

Billing terms and conditions:

• All subscriptions are billed in advance on a recurring basis (monthly or annually)
• Payment is processed immediately upon subscription or renewal
• We accept major credit cards, debit cards, and other payment methods via Stripe
• All prices are in USD unless otherwise specified
• You authorize automatic recurring charges for your selected plan
• Failed payments may result in service suspension after a 7-day grace period
• Applicable taxes will be added based on your location

4.3 Usage Monitoring and Overage Policy

Usage policies and restrictions:

• Usage is tracked in real-time and resets at the beginning of each billing cycle
• Enrichments are counted when processing is initiated, regardless of outcome
• No rollover of unused enrichments to subsequent billing periods
• Service access is automatically restricted upon reaching plan limits
• Mid-cycle plan upgrades take effect immediately with prorated billing
• Downgrades take effect at the next billing cycle

4.4 Credits and Add-on Purchases

Additional enrichment credits may be purchased separately. Credits do not expire and can be used to supplement monthly plan limits. Credit pricing and availability may vary based on your subscription tier.

5. Acceptable Use Policy and Prohibited Activities

5.1 Acceptable Use Standards

You agree to use our Service only for lawful purposes and in accordance with these Terms. You are prohibited from:

• Violating any applicable local, state, national, or international law or regulation
• Infringing upon or violating our intellectual property rights or the rights of others
• Transmitting any material that is defamatory, offensive, or otherwise objectionable
• Using the Service to distribute spam, malware, or other harmful content
• Engaging in any conduct that restricts or inhibits anyone’s use of the Service
• Attempting to bypass any measures we employ to prevent or restrict access

5.2 Prohibited Technical Activities

You specifically agree NOT to:

• Reverse engineer, decompile, or disassemble any aspect of our Service
• Use automated scripts to collect information or interact with the Service beyond API limits
• Attempt to gain unauthorized access to our systems or user accounts
• Interfere with or disrupt the Service or servers hosting the Service
• Create multiple accounts to circumvent usage restrictions
• Use the Service to benchmark against or build competing products
• Remove, obscure, or alter any legal notices displayed in the Service
• Access the Service through any means other than our provided interfaces

5.3 eBay-Specific Restrictions

When using our Service with eBay, you must NOT:

• Generate false, misleading, or deceptive item specifics or descriptions
• Violate eBay’s terms of service, seller policies, or listing guidelines
• Use our Service to manipulate search rankings through keyword stuffing
• Create listings for prohibited, restricted, or illegal items
• Circumvent eBay’s fee structure or policies
• Use enriched data to mislead buyers about product conditions or specifications

6. Third-Party Integrations and eBay Compliance

6.1 eBay API Integration and Dependencies

Our Service integrates with eBay through official APIs. You acknowledge and agree that:

• eBay may modify, suspend, or discontinue their APIs without notice to us
• Changes to eBay’s systems may temporarily affect Service functionality
• We are not responsible for eBay’s API availability, performance, or changes
• Your access to eBay features depends on maintaining good standing with eBay
• eBay’s terms of service and policies apply independently of our Terms
• We may modify our Service in response to eBay’s requirements or changes

6.2 Data Accuracy and User Responsibility

Regarding AI-generated content and data accuracy:

• All AI-generated item specifics are suggestions only and require your review
• You are solely responsible for the accuracy of your eBay listings
• You must verify all generated content before publishing to eBay
• We do not guarantee the accuracy, completeness, or suitability of generated content
• You assume all risks associated with using AI-generated content
• Errors in listings remain your responsibility, not ours

6.3 Compliance Monitoring

We may monitor usage to ensure compliance with eBay policies and these Terms. Non-compliant use may result in immediate suspension or termination of your account without refund.

7. Intellectual Property Rights

7.1 Our Intellectual Property

ListTune Inc. and its licensors retain all rights, title, and interest in and to:

• The Service, including all software, algorithms, and AI models
• All trademarks, service marks, logos, and brand features
• All content, designs, graphics, and user interfaces
• All proprietary methods, processes, and know-how
• All improvements, modifications, and derivative works
• All feedback, suggestions, and ideas you provide about our Service

7.2 Your Content and Data

You retain ownership of your listing data and content. By using our Service, you grant us:

• A worldwide, non-exclusive, royalty-free license to use, process, and analyze your data
• The right to generate aggregated, anonymized insights from your data
• Permission to cache and store your data for Service performance
• The right to use your data to improve our AI models and Service quality
• Authority to share your data with service providers as necessary

7.3 License Restrictions

Nothing in these Terms grants you any right to use our trademarks, trade names, or other brand features. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.

8. Privacy, Data Protection, and Security

8.1 Privacy Policy

Our Privacy Policy describes how we collect, use, store, and protect your personal information. By using our Service, you consent to our data practices as described in the Privacy Policy, which is incorporated herein by reference.

8.2 Data Security Measures

We implement industry-standard security measures including:

• Encryption of data in transit and at rest
• Regular security audits and vulnerability assessments
• Access controls and authentication mechanisms
• Secure data centers with physical security controls
• Employee training on data protection practices
• Incident response procedures for security breaches

8.3 Data Breach Notification

In the event of a data breach that may compromise your personal information, we will notify affected users within 72 hours of discovery and take appropriate remedial measures as required by applicable law.

9. Service Availability, Support, and Modifications

9.1 Service Availability and Uptime

While we strive for maximum uptime, we do not guarantee uninterrupted service. We are not liable for:

• Scheduled maintenance (announced 48 hours in advance when possible)
• Emergency maintenance or security updates
• Failures of third-party services, including eBay APIs
• Events beyond our reasonable control (force majeure)
• Internet service disruptions or DNS issues
• Your equipment, software, or connection problems

9.2 Customer Support Services

Support availability by subscription tier:

• Free Plan: Community forums and self-service documentation only
• Professional Plan: Email support with 48-hour response time
• Business Plan: Priority email support with 24-hour response time
• Enterprise Plan: Dedicated support with 4-hour response time and priority support

9.3 Service Modifications and Updates

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice for material changes that adversely affect your use of the Service, except in cases of security vulnerabilities or legal requirements.

10. Cancellation, Refunds, and Account Termination

10.1 Subscription Cancellation

Cancellation terms and procedures:

• Cancel anytime through your account dashboard or by contacting support
• Cancellation effective at the end of current billing period
• No partial refunds for unused time in billing period
• Access continues until end of paid period
• Data export available for 30 days post-cancellation
• Automatic downgrade to Free plan after cancellation

10.2 Refund Policy

Our refund policy includes:

• 30-day money-back guarantee for first-time subscribers only
• Refund requests must be submitted within 30 days of initial payment
• No refunds for renewals, plan changes, or add-on purchases
• Refunds processed to original payment method within 5-10 business days
• Usage during refund period may be considered in refund approval
• Fraudulent refund requests may result in permanent account ban

10.3 Account Termination

We may suspend or terminate your account immediately without notice if you breach these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. Termination results in immediate loss of access and forfeiture of any unused credits or subscription time without refund.

11. Warranties, Disclaimers, and Limitations of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT OR QUIET ENJOYMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
• WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS

11.2 No Guarantee of Results

We specifically DO NOT guarantee:

• Any specific increase in sales, revenue, or conversion rates
• 100% accuracy of AI-generated content or recommendations
• Compatibility with all eBay categories, items, or policy changes
• That enriched listings will rank higher in search results
• Protection from eBay policy violations or account restrictions
• Specific business outcomes or return on investment

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• We are NOT liable for any indirect, incidental, special, consequential, or punitive damages
• We are NOT liable for lost profits, revenue, data, or business opportunities
• We are NOT liable for damages arising from your reliance on the Service
• These limitations apply regardless of the theory of liability
• Some jurisdictions don’t allow these exclusions, so they may not apply to you

11.4 Essential Basis of Bargain

You acknowledge that we have set our prices and entered into this Agreement in reliance on the disclaimers and limitations set forth herein, and that they form an essential basis of the bargain between us.

12. Indemnification and Hold Harmless

12.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless ListTune Inc., its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including reasonable legal and accounting fees, resulting from or alleged to result from:

• Your violation of these Terms or any applicable laws or regulations
• Your use or misuse of the Service
• Your violation of any third-party rights, including eBay’s rights
• Content you submit, post, or transmit through the Service
• Your listings on eBay, including any claims of inaccuracy or misrepresentation
• Your violation of eBay’s terms of service or policies
• Any damages arising from your account access by third parties

12.2 Procedure

We will notify you of any claim subject to indemnification. You must cooperate fully in the defense and may not settle any claim without our prior written consent. We reserve the right to assume exclusive control of the defense at your expense.

13. Term, Suspension, and Termination

13.1 Term

These Terms commence when you first access the Service and continue until terminated by either party in accordance with this section.

13.2 Suspension Rights

We may suspend your access immediately if we reasonably believe:

• You have violated these Terms or any applicable law
• Your account shows signs of fraudulent or suspicious activity
• Your use poses a security risk to us or other users
• You have failed to pay fees when due
• Required by law enforcement or court order
• Your eBay account has been suspended or terminated

13.3 Effects of Termination

Upon termination: (a) all rights granted to you cease immediately; (b) you must stop using the Service; (c) we may delete your data after 30 days; (d) you remain liable for all fees incurred; (e) sections of these Terms that should survive (including disclaimers, limitations, and indemnification) remain in effect.

14. Dispute Resolution and Governing Law

14.1 Informal Resolution

Before filing any legal action, you agree to try to resolve disputes informally by contacting us at legal@listtune.com. We’ll attempt to resolve the dispute informally for 60 days after notification.

14.2 Arbitration Agreement

If informal resolution fails, all disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, except you may assert claims in small claims court if eligible.YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND CLASS ACTIONS.

14.3 Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal action not subject to arbitration must be filed in the state or federal courts located in Delaware, and you consent to personal jurisdiction in these courts.

14.4 Class Action Waiver

You agree that disputes will be resolved individually. You waive any right to bring or participate in a class action, collective action, private attorney general action, or collective arbitration.

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and ListTune regarding the Service and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to reflect the parties’ intention.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged in writing by us.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder. We may assign our rights to any of our affiliates or in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16. Updates to These Terms

16.1 Modifications

We reserve the right to modify these Terms at any time. When we make material changes:

• We’ll update the “Last Updated” date at the top of these Terms
• We’ll notify you via email or prominent notice within the Service
• You’ll have 30 days to review changes before they take effect
• Your continued use after the effective date constitutes acceptance
• If you disagree with changes, you may terminate your account

16.2 Notice of Changes

You agree that electronic notices satisfy any legal requirement for written notification. You are responsible for keeping your email address current and checking for updates to these Terms.

17. Contact Information and Legal Notices

17.1 How to Contact Us

For questions about these Terms or to send legal notices:

17.2 Legal Notice Requirements

Legal notices must be sent via certified mail or recognized overnight courier to our mailing address. Email notices are acceptable only for general inquiries, not legal service.