Terms of Service

1. Acceptance of Terms

By downloading, accessing, or using ListSmarter ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and ListSmarter ("we," "us," or "our"). We reserve the right to modify these Terms at any time. Your continued use of the App after any changes indicates your acceptance of the modified Terms.

2. License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal or business purposes in connection with your Etsy shop.

This license does not include the right to:

• Modify, adapt, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove any proprietary notices or labels from the App
• Use the App for any unlawful purpose
• License, sell, rent, or lease the App to third parties
• Use the App to develop a competing product

3. User Accounts

To use certain features of the App, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your password and account credentials
• Promptly update any changes to your account information
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 13 years old to create an account. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

4. Etsy Compliance

You are solely responsible for ensuring your Etsy listings comply with Etsy's policies. While ListSmarter provides tools to help with compliance, you must:

• Review and verify all AI-generated content before publishing
• Follow Etsy's Terms of Service, Seller Policy, and all applicable guidelines
• Not use the App to create duplicate or misleading listings
• Not engage in keyword stuffing or other SEO manipulation tactics prohibited by Etsy
• Respect rate limits and not abuse the Etsy API connection
• Ensure all product descriptions accurately represent your items

5. Subscriptions & Billing

Free Tier

The free tier provides limited access to App features as described on our pricing page. Free features may be modified or limited at any time.

Paid Subscriptions

• Billing: Subscriptions are billed in advance on a monthly or annual basis
• Auto-renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Payment:Processed through Apple App Store or Google Play. Payment terms are subject to each platform's policies
• Price changes: We may change subscription prices with 30 days notice. Price changes take effect at your next renewal

Cancellation & Refunds

• You may cancel your subscription at any time through your device's app store settings
• Upon cancellation, you retain access until the end of your current billing period
• Refunds for monthly subscriptions are handled according to Apple's or Google's refund policies
• Annual subscribers may request a prorated refund within 30 days of purchase by contacting support

6. Prohibited Uses

You agree not to use the App to:

• Violate any applicable laws, regulations, or third-party rights
• Create listings for prohibited items under Etsy's policies
• Generate false, misleading, or deceptive content
• Harass, abuse, or harm other users or Etsy sellers
• Introduce malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems
• Scrape, crawl, or collect data from the App without permission
• Use automated systems (bots) to access the App excessively
• Resell or redistribute App features to third parties
• Interfere with or disrupt the App's functionality

7. Intellectual Property

The App and its original content, features, and functionality are owned by ListSmarter and protected by international copyright, trademark, and other intellectual property laws.

Your Content

You retain ownership of all photos, text, and other content you upload to the App. By using the App, you grant us a limited license to process your content solely for the purpose of providing our services.

8. AI-Generated Content

ListSmarter uses artificial intelligence to generate listing content. Regarding AI-generated content:

• Ownership: You own the AI-generated titles, descriptions, and tags created for your listings
• Review required: You must review all AI-generated content for accuracy before publishing
• No guarantee: We do not guarantee that AI-generated content will be accurate, complete, or suitable for your purposes
• Your responsibility: You are solely responsible for the content you publish, regardless of whether it was AI-generated
• Factual accuracy: AI may produce errors or inaccuracies. Always verify factual claims before publishing

9. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the App will be uninterrupted or error-free
• Warranties regarding the accuracy of AI-generated content
• Warranties that your listings will perform better or generate sales
• Warranties regarding compatibility with Etsy's future policies

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTSMART SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Any Etsy account suspensions, listing removals, or policy violations
• Damages arising from your use of AI-generated content
• Any issues with third-party services (Etsy, payment processors, etc.)

Our total liability for any claims arising from these Terms or your use of the App shall not exceed the amount you paid us in subscription fees during the 12 months preceding the claim.

11. Termination

We may terminate or suspend your account and access to the App immediately, without prior notice, if:

• You breach any provision of these Terms
• You violate Etsy's policies using our App
• We suspect fraudulent or abusive behavior
• Required by law or regulatory authority

Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive termination will survive (including ownership provisions, warranty disclaimers, and limitations of liability).

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless you are a consumer entitled to bring claims in your local courts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms in the App and updating the "Last updated" date. For significant changes, we will also notify you via email or in-app notification. Your continued use of the App after changes take effect constitutes acceptance of the modified Terms.

14. Contact

If you have questions about these Terms, please contact us: