Company and jurisdiction details are filled in below. The governing-law state is inferred from the company's location, not from an existing signed clause — worth a quick confirm, otherwise this is ready.
These Terms of Service ("Terms") govern your access to and use of Photo to Listing AI ("Photo to Listing AI," "Service," "we," "us," or "our"). By accessing or using Photo to Listing AI, you agree to these Terms. If you do not agree with these Terms, do not use the Service.
1. The Service
Photo to Listing AI is an AI-powered browser extension that reads photos of an item you intend to sell and generates a marketplace listing — a title, subtitle, highlight bullets, description and search keywords — based on what the photos show. The exact features available may change over time.
2. Eligibility
You must be legally capable of entering into a binding agreement to use Photo to Listing AI. If you are using the Service on behalf of a company or organization, you represent that you have authority to accept these Terms on its behalf.
3. Your use of the Service
Photo to Listing AI does not currently require an account. You are responsible for the photos you submit, for reviewing any generated listing before you post it anywhere, and for the accuracy of any listing you ultimately publish to a marketplace.
4. Acceptable use
You agree not to use Photo to Listing AI to violate applicable laws or the rights of others, commit fraud, generate a listing for an item you do not have the right to sell, misrepresent an item using content the Service did not generate, attempt unauthorized access to our systems, circumvent security measures, interfere with the Service, introduce malicious code, reverse engineer the Service except where legally permitted, abuse or overload our infrastructure, or use the Service to develop a competing service in violation of applicable law or contractual restrictions. You are responsible for ensuring that your use of Photo to Listing AI, and any listing you post using it, is lawful and complies with the marketplace you post it to.
5. Third-party websites and marketplaces
Photo to Listing AI can import photos from a third-party website's page when you choose to, and the listings it generates are intended to be posted on third-party marketplaces of your choosing. Photo to Listing AI does not own or operate those websites or marketplaces, does not post on your behalf, and is not affiliated with or endorsed by them. You are responsible for ensuring your use of the Service complies with the applicable terms and policies of any website or marketplace you interact with.
6. AI-generated results
Photo to Listing AI uses automated systems and artificial intelligence to read photos and generate listings. AI-generated results may be incomplete, inaccurate, outdated, or misleading. Photo to Listing AI does not guarantee that every detail visible in a photo will be detected, that extracted attributes or condition notes will be entirely correct, or that a generated listing will be complete, accurate, or suitable for every marketplace. You should independently review and verify a generated listing before posting it, particularly condition, included items, and any specification that materially affects the sale.
7. No professional advice
Photo to Listing AI provides informational and content-generation tools. The Service does not provide legal, financial, or other professional advice, and does not guarantee any sale outcome, price, or marketplace performance. You are solely responsible for decisions made using content generated by the Service.
8. Intellectual property
The Photo to Listing AI website, software, branding, design, logos, code, and original content are owned by or licensed to Photo to Listing AI and are protected by applicable intellectual-property laws. Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, sell, or create derivative works from our Service or intellectual property.
9. Your content
You retain ownership of the photos you submit and any content you add (such as seller notes). You grant Photo to Listing AI the limited rights necessary to process, analyze, transmit, and use that content solely to generate your listing and operate the Service. You represent that you have the necessary rights and permissions to submit the photos and content you provide, and that you have the right to sell the item depicted.
10. Service availability
We attempt to keep Photo to Listing AI available and functioning reliably, but we do not guarantee uninterrupted or error-free operation. The Service may occasionally be unavailable because of maintenance, updates, technical failures, third-party services, security incidents, or events outside our reasonable control.
11. Changes to the Service
We may modify, add, or remove features from Photo to Listing AI at any time, and may discontinue features or portions of the Service where reasonably necessary, including any daily free-use limits.
12. Fees and payments
Photo to Listing AI is currently free to use, with a daily limit on the number of free scans to keep the Service sustainable. If Photo to Listing AI introduces paid plans or higher usage tiers in the future, pricing, billing periods, and cancellation terms will be presented to you before purchase, and this section will be updated accordingly.
13. Cancellation
If Photo to Listing AI introduces an account or subscription in the future, you may cancel or discontinue use according to the cancellation options provided at that time. Unless otherwise stated at the time of purchase or required by applicable law, cancellation does not automatically entitle you to a refund for previously paid amounts.
14. Disclaimer
To the maximum extent permitted by law, Photo to Listing AI is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, error-free, completely accurate, or suitable for every purpose. AI-generated listings should not be treated as verified fact without your own review before posting.
15. Limitation of liability
To the maximum extent permitted by law, Photo to Listing AI and its owners, affiliates, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the Service, including any loss arising from a listing you posted based on Service output. Our total liability arising out of or relating to the Service will be limited to the greater of the amount you paid us for the Service during the twelve months before the event giving rise to the claim, or $100 USD. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.
16. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Photo to Listing AI and its owners, affiliates, employees, contractors, and service providers from claims, damages, liabilities, losses, and expenses arising from your use of the Service, a listing you post based on Service output, your violation of these Terms or applicable law, or your violation of third-party rights.
17. Termination
We may suspend or terminate access to Photo to Listing AI if you violate these Terms, abuse the Service, create security risks, engage in fraudulent activity, or use the Service unlawfully. You may stop using the Service at any time. Sections that by their nature should survive termination will continue to apply.
18. Governing law
These Terms will be governed by the laws of the State of Colorado, USA, without regard to conflict-of-law principles, unless applicable law requires otherwise. Any dispute will be handled in the courts located in Boulder County, Colorado, unless applicable law provides otherwise.
19. Changes to these Terms
We may update these Terms from time to time. When we make changes, we will update the "Last updated" date. Your continued use of Photo to Listing AI after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
20. Contact
Elit Virtual LLC
Boulder, Colorado, USA
Email: partners@my5thstar.com