Listify Terms of Service

Listify is an independent software tool designed to help sellers create, manage, optimize, automate, and publish product listings on third-party marketplaces, including eBay and, where available, Amazon.

The Service may allow you to:

• Connect your eBay account through the official eBay API;
• Connect your Amazon seller account through Amazon Selling Partner API, where supported;
• Create, edit, optimize, and publish product listings;
• Generate product titles, descriptions, keywords, listing suggestions, pricing ideas, and marketplace-related content using artificial intelligence;
• Upload or process product information, images, prices, inventory details, conditions, shipping information, and seller notes;
• Automate certain listing workflows based on information you provide;
• Manage subscription, usage, and billing preferences.

Listify acts only as a software tool. Listify does not own, sell, inspect, store, ship, certify, guarantee, or verify the products that you list or attempt to list through the Service.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.

You agree to provide accurate, current, and complete account information and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your Listify account.

You may not share your Listify account with unauthorized third parties, resell access to the Service, or allow another person or business to use your account unless expressly permitted by Listify in writing.

When you connect your eBay, Amazon, or other supported marketplace account to Listify, you authorize Listify to access, process, transmit, and use your marketplace account data solely as necessary to provide the Service and perform actions you request or authorize.

This may include, depending on the integration and permissions granted:

• Creating, revising, publishing, ending, or synchronizing listings;
• Retrieving listing, catalog, category, policy, inventory, or account information;
• Validating marketplace requirements;
• Applying shipping, return, payment, or listing policies;
• Processing product data, images, and AI-generated listing content;
• Maintaining your active connection through OAuth tokens or other authorized credentials.

You are responsible for reviewing the permissions requested by each marketplace and for determining whether to grant, maintain, or revoke access. You may disconnect marketplace access through your Listify account settings or directly through the applicable marketplace's authorization settings, when available.

Listify is not responsible for any failure, delay, limitation, suspension, revocation, outage, policy change, API change, authorization issue, account restriction, or other action taken by eBay, Amazon, Stripe, or any third-party service provider.

Listify is an independent software tool. Listify is not affiliated with, endorsed by, sponsored by, certified by, approved by, or officially connected with eBay, Amazon, Stripe, Supabase, Google, Vercel, Railway, or any other third-party marketplace, payment processor, hosting provider, artificial intelligence provider, or service provider.

All third-party names, trademarks, logos, product names, and service names belong to their respective owners and are used only to identify the services with which Listify may integrate.

You are solely responsible for all business operations related to your marketplace activity, including but not limited to:

• Product sourcing;
• Product authenticity;
• Product safety;
• Product condition;
• Inventory accuracy;
• Pricing;
• Titles, descriptions, images, keywords, item specifics, categories, and listing details;
• Brand names, logos, trademarks, copyrighted materials, and other intellectual property;
• Shipping methods, shipping costs, handling times, tracking, delivery, and lost packages;
• Returns, refunds, replacements, cancellations, chargebacks, and customer service;
• Sales tax, income tax, marketplace fees, payment processing fees, and other business obligations;
• Compliance with eBay, Amazon, Stripe, and other third-party policies;
• Compliance with all applicable federal, state, local, and international laws.

Listify does not guarantee that any listing, product, image, price, category, policy, item specific, keyword, or AI-generated content will comply with marketplace rules, legal requirements, intellectual property rights, consumer protection laws, tax rules, import/export rules, or platform-specific requirements.

You must independently review and approve all information before publishing or authorizing publication through the Service.

When you publish or attempt to publish a product through Listify, the Service may use your authorized marketplace connection, including OAuth tokens or API credentials, to submit listing information directly to your marketplace account.

You understand and agree that:

• Listings are published under your marketplace seller account, not under Listify's account;
• You are the seller of record for all listings and sales;
• You are responsible for all information submitted to the marketplace;
• Marketplace approval, visibility, ranking, search placement, buyer interest, and sales performance are not guaranteed;
• A listing may fail, be delayed, be rejected, be removed, be hidden, or be restricted by the marketplace;
• Marketplaces may impose category-specific, product-specific, seller-specific, regional, legal, or policy-based requirements;
• Listify may not detect every marketplace requirement, prohibited item, restricted category, intellectual property issue, regulatory issue, or listing defect;
• You remain responsible for checking your marketplace account after publication.

Listify may provide automation tools, bulk listing tools, AI suggestions, templates, default values, or workflow shortcuts. These features are provided for convenience only and do not replace your obligation to review, edit, verify, and approve every listing.

If your marketplace account does not have business policies configured, Listify may apply default inline policies or suggested values when publishing, such as flat-rate USPS shipping or 30-day returns with buyer-paid return shipping, where technically supported.

These defaults are provided for convenience only. They are not guaranteed to satisfy all marketplace requirements, category-specific rules, seller-specific requirements, buyer expectations, tax obligations, shipping carrier requirements, or applicable laws.

You are responsible for reviewing, editing, and maintaining your own shipping, return, payment, handling time, cancellation, and customer service policies directly in your marketplace account.

You may override these defaults by configuring your own marketplace business policies, where supported.

Listify may use artificial intelligence models and automated systems to generate or suggest product titles, descriptions, keywords, item specifics, pricing ideas, competitive insights, marketplace content, and other listing-related materials.

AI-generated content is automated, probabilistic, and may be inaccurate, incomplete, outdated, misleading, non-compliant, or unsuitable for your specific product, category, marketplace, jurisdiction, or business purpose.

You are solely responsible for reviewing, editing, verifying, and approving all AI-generated content before using, publishing, or relying on it.

Listify does not guarantee:

• Accuracy;
• Completeness;
• Legal compliance;
• Marketplace compliance;
• Intellectual property clearance;
• Product authenticity;
• Category approval;
• Listing visibility;
• Search ranking;
• Conversion rates;
• Sales;
• Profitability;
• Return on investment;
• Buyer interest;
• Account health outcomes.

You may not use Listify or any AI-generated output to create deceptive, misleading, counterfeit, infringing, illegal, harmful, unsafe, or policy-violating listings.

You agree not to use Listify to misuse marketplace data, scrape unauthorized data, bypass API limitations, violate marketplace developer policies, or use marketplace data in a manner prohibited by eBay, Amazon, or any other third-party service provider.

You may not use marketplace data accessed through Listify to train, fine-tune, build, or improve artificial intelligence models unless you have all required rights, permissions, and marketplace authorization to do so.

Listify may restrict, throttle, suspend, or terminate access if we believe your use of marketplace data, APIs, automation, or AI features creates legal, security, compliance, marketplace, or platform risk.

“User Content” means all information, files, images, product data, listing content, text, descriptions, prices, notes, keywords, brand information, logos, trademarks, shipping information, policies, and other materials that you upload, submit, generate, transmit, authorize, or publish through the Service.

You retain ownership of your User Content. By using the Service, you grant Listify a limited, worldwide, non-exclusive, royalty-free, sublicensable license to host, store, process, analyze, modify, format, generate, display, transmit, and publish your User Content solely as reasonably necessary to provide, secure, maintain, troubleshoot, and improve the Service.

You represent and warrant that:

• You own or have all necessary rights to use and publish your User Content;
• Your User Content does not infringe or misappropriate any copyright, trademark, patent, trade secret, privacy right, publicity right, or other third-party right;
• Your User Content is accurate and not misleading;
• Your User Content complies with marketplace policies and applicable laws;
• You have the right to authorize Listify to process and publish your User Content through connected marketplace accounts.

Listify and its operators retain all rights, title, and interest in and to the Service, including software, source code, workflows, automation logic, interface design, templates, prompts, documentation, branding, trade names, business processes, platform structure, and related intellectual property.

You may not copy, reverse engineer, decompile, reproduce, sell, resell, license, sublicense, distribute, modify, or create derivative works from the Service except as expressly permitted by these Terms.

You agree not to use Listify to create, optimize, publish, manage, or promote listings that violate marketplace policies or applicable law.

Prohibited use includes, but is not limited to, using the Service to publish or attempt to publish:

• Counterfeit products;
• Stolen goods;
• Illegal products;
• Unsafe or dangerous products;
• Products that infringe copyrights, trademarks, patents, or other rights;
• Products with false, deceptive, or misleading claims;
• Restricted products without required approvals;
• Products prohibited by eBay, Amazon, or other applicable marketplaces;
• Products that violate consumer protection, import/export, sanctions, tax, health, safety, or advertising laws.

You also agree not to:

• Abuse, overload, or excessively automate marketplace APIs;
• Circumvent API limits, billing controls, usage limits, security controls, or access restrictions;
• Use bots, scripts, scraping, or unauthorized automation outside approved Listify features;
• Interfere with or disrupt the Service;
• Attempt to access another user's account or data;
• Upload malware, malicious code, or harmful files;
• Misrepresent your identity, business, products, or authorization;
• Use the Service for fraudulent, deceptive, illegal, or harmful purposes;
• Share your account with unauthorized users;
• Resell or commercially exploit the Service without written permission.

We may investigate suspected violations and may suspend, restrict, or terminate your account at any time if we reasonably believe your use creates legal, marketplace, security, operational, or reputational risk.

Listify respects intellectual property rights and complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that User Content published, displayed, or transmitted through the Service infringes your copyright, you may submit a written notice to our Designated Copyright Agent.

To be effective, your notice must include all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, with sufficient information to allow Listify to locate the material (URLs, listing IDs, screenshots);
• Your contact information, including name, address, telephone number, and email address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

Designated Copyright Agent

ArtechGarage LLC
Attn: DMCA Agent
Email: info@artechgarage.com
US Copyright Office Registration: DMCA-1072071
Also covers (registered alternate names): Listify · Listify App · Listify by ArtechGarage · ArtechGarage · artechgarage.com · www.artechgarage.com
(Mailing address and phone available in the US Copyright Office DMCA Directory.)

See our DMCA page for the full procedure and how to submit a notice or counter-notice.

Upon receipt of a valid notice, Listify will respond expeditiously to remove or disable access to the allegedly infringing material and will notify the affected user, where reasonably possible. Counter-notices may be submitted by the affected user using the same contact channel and must include the equivalent statutory elements under 17 U.S.C. § 512(g).

Repeat Infringer Policy

Listify will, in appropriate circumstances and at its sole discretion, suspend or terminate the accounts of users who are determined to be repeat infringers.

Misrepresentations in DMCA notices or counter-notices may subject the submitter to liability under 17 U.S.C. § 512(f).

Listify relies on third-party services to operate, including but not limited to:

• eBay for marketplace listing publication, account authorization, catalog data, and synchronization;
• Amazon for Selling Partner API functions, where supported;
• Stripe for billing and payment processing;
• Supabase for database and authentication services;
• Google Gemini or other AI providers for AI-generated content;
• Vercel, Railway, or other hosting and infrastructure providers;
• Shipping carriers, data providers, browser services, and other operational tools.

Third-party services may experience outages, downtime, maintenance, API changes, pricing changes, policy changes, authentication failures, rate limits, restrictions, suspensions, data delays, or discontinued features.

Listify does not control and is not responsible for the operation, availability, security, policies, actions, decisions, suspensions, removals, fees, restrictions, or failures of third-party services.

We may make reasonable efforts to restore affected functionality, but we do not guarantee restoration timelines, uninterrupted access, compatibility, marketplace approval, or continued availability of any integration.

Some features of Listify may require a paid subscription, usage-based plan, publication limit, credit package, or other paid access.

Before a paid subscription begins, we will disclose the plan price, billing frequency, included usage limits, renewal terms, and cancellation method. By selecting a paid plan, continuing after a free usage limit, or otherwise authorizing paid access, you authorize Listify and its payment processor to charge your payment method on a recurring basis according to the selected plan.

Subscriptions automatically renew monthly unless canceled before the next billing date.

You may cancel your subscription from your account settings or through another cancellation method made available by Listify. Cancellation stops future renewal charges but does not automatically refund the current billing period.

Unless required by law or expressly stated in writing by Listify:

• Fees are non-refundable;
• No refunds are provided for partial billing periods;
• No refunds are provided for unused listings, credits, publications, features, or account time;
• No refunds are provided for marketplace outages, third-party service failures, API restrictions, listing rejections, account suspensions, AI errors, user mistakes, or dissatisfaction with marketplace performance.

We may change pricing, plan features, usage limits, or billing terms by providing reasonable prior notice. Continued use after the effective date of changes constitutes acceptance of the updated pricing or billing terms.

You are responsible for all applicable taxes, marketplace fees, payment processor fees, bank fees, chargebacks, and other costs associated with your business activity.

Listify may offer free trials, free publications, usage credits, beta access, promotional plans, or discounted access at its discretion.

Promotional access may be changed, limited, suspended, or discontinued at any time unless otherwise stated in writing.

Free usage does not guarantee future free access, continued availability, marketplace approval, publication success, or eligibility for refunds.

If a free trial or free publication limit converts to paid access, we will provide billing disclosures before charging your payment method, unless you have already authorized the applicable recurring billing terms.

We may suspend, restrict, or terminate your access to Listify at any time, with or without notice, if we reasonably believe that:

• You violated these Terms;
• You violated marketplace policies;
• You violated applicable law;
• You created legal, security, compliance, operational, or reputational risk;
• You used the Service for prohibited, fraudulent, deceptive, abusive, or harmful activity;
• You attempted to bypass billing, usage limits, API limits, or security controls;
• Your marketplace account connection creates risk to Listify or third-party services;
• Continued access may harm Listify, other users, marketplaces, customers, or service providers.

We may also suspend or discontinue the Service, any feature, or any integration at any time for maintenance, security, compliance, business, marketplace, or operational reasons.

Termination or suspension does not relieve you of payment obligations incurred before termination.

You may stop using the Service at any time. You are responsible for disconnecting marketplace accounts and canceling any active subscription if you no longer wish to use the Service.

Your use of Listify is governed by our Privacy Policy, which explains how we collect, use, store, process, share, protect, and delete personal information, marketplace account data, OAuth tokens, listing data, images, billing information, AI inputs, AI outputs, and related records.

Listify uses reasonable administrative, technical, and organizational safeguards designed to protect account data and connected credentials. However, no software, network, system, database, API connection, payment processor, or internet transmission is completely secure.

You understand and agree that:

• You are responsible for maintaining secure account credentials;
• You should use strong passwords and secure devices;
• You should promptly revoke access if you suspect unauthorized use;
• Listify cannot guarantee absolute security;
• Third-party services may experience their own security incidents;
• Data may be processed by third-party providers as necessary to provide the Service.

We do not sell your marketplace credentials or OAuth tokens.

We retain account data, OAuth tokens, marketplace connection data, listing data, logs, billing records, AI inputs and outputs, support records, and related information only as long as reasonably necessary to provide the Service, maintain security, comply with legal obligations, resolve disputes, enforce agreements, improve reliability, and operate our business.

You may request account deletion or revoke marketplace access through available account settings or by contacting us.

After account deletion, cancellation, or revocation of access, certain records may remain for a limited period in backups, logs, audit records, fraud prevention systems, billing records, legal records, or security systems as permitted or required by law.

If we determine that a security incident involving personal information requires notification under applicable law, we will provide legally required notices in accordance with applicable legal requirements.

You are responsible for monitoring your marketplace accounts, payment accounts, email accounts, and business systems for unauthorized activity.

Listify may provide automated suggestions, analytics, listing recommendations, price ideas, keyword suggestions, marketplace insights, AI-generated content, and workflow recommendations.

These outputs are provided for informational and operational convenience only. They do not constitute legal, tax, financial, accounting, investment, business, compliance, marketplace, or professional advice.

You should independently verify all information and consult qualified professionals when appropriate.

Listify does not guarantee that use of the Service will result in:

• Marketplace approval;
• Listing publication;
• Search ranking;
• Impressions;
• Clicks;
• Watchers;
• Sales;
• Revenue;
• Profit;
• Account health improvement;
• Avoidance of suspensions;
• Avoidance of policy violations;
• Buyer satisfaction;
• Business success.

Marketplace performance depends on many factors outside Listify's control, including product demand, pricing, competition, seller history, account health, marketplace algorithms, listing quality, fulfillment performance, buyer behavior, and marketplace policies.

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by law, Listify disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, compatibility, uninterrupted operation, error-free operation, marketplace compliance, and suitability for your business needs.

We do not warrant that:

• The Service will be uninterrupted, secure, timely, accurate, or error-free;
• Defects will be corrected;
• Marketplace integrations will remain available;
• AI-generated content will be accurate or compliant;
• Listings will publish successfully;
• Marketplace APIs will accept submitted data;
• Third-party services will remain compatible with Listify;
• Data will never be lost, delayed, corrupted, or unavailable.

To the maximum extent permitted by law, Listify, ArtechGarage LLC, and their owners, officers, employees, contractors, affiliates, agents, licensors, service providers, and representatives shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including but not limited to loss of sales, loss of revenue, loss of profits, loss of data, loss of goodwill, reputational harm, business interruption, marketplace account restrictions, listing removals, buyer disputes, chargebacks, penalties, fines, or lost business opportunities.

This limitation applies to claims arising out of or related to:

• Your use of or inability to use the Service;
• Marketplace outages or API failures;
• eBay, Amazon, Stripe, or other third-party actions;
• AI-generated content;
• Listing errors, delays, removals, rejections, or failures;
• Pricing suggestions;
• Shipping, return, tax, or product information;
• Account suspensions, restrictions, or policy violations;
• Unauthorized access or data loss;
• User Content;
• Product defects, buyer complaints, returns, refunds, or chargebacks;
• Any other matter related to the Service.

To the maximum extent permitted by law, Listify's total cumulative liability for any claim arising out of or relating to the Service shall not exceed the greater of: (a) the amount you paid to Listify during the three (3) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow certain limitations of liability. In such cases, liability will be limited to the fullest extent permitted by applicable law.

You agree to defend, indemnify, and hold harmless Listify, ArtechGarage LLC, and their owners, officers, employees, contractors, affiliates, agents, licensors, service providers, and representatives from and against any claims, demands, actions, damages, losses, liabilities, penalties, fines, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use or misuse of the Service;
• Your User Content;
• Any product, listing, image, title, description, price, category, policy, keyword, or item specific you submit, generate, upload, publish, authorize, or sell;
• Your violation of these Terms;
• Your violation of marketplace policies;
• Your violation of applicable law;
• Your infringement or alleged infringement of intellectual property, privacy, publicity, consumer protection, or other third-party rights;
• Counterfeit, restricted, unsafe, illegal, defective, mislabeled, or misrepresented products;
• Taxes, marketplace fees, shipping costs, returns, refunds, replacements, buyer complaints, chargebacks, customer service disputes, product liability claims, or marketplace disputes;
• Your business operations or seller activity;
• Your failure to review, verify, edit, or approve AI-generated or automated content before publication.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense of such claims.

Listify may offer beta, experimental, preview, or early-access features. These features may be incomplete, unstable, inaccurate, interrupted, changed, or discontinued at any time.

Beta features are provided for testing and feedback only and may be subject to additional restrictions. You use beta features at your own risk.

Listify may provide support through email, chat, documentation, or in-app tools. We do not guarantee response times, resolution times, or availability of support unless expressly agreed in a separate written agreement.

We may perform maintenance, updates, upgrades, security changes, or service modifications at any time.

If you access the Service through a mobile application distributed by Apple Inc. (“Apple”) through the Apple App Store, by Google LLC (“Google”) through Google Play, or through another mobile application distribution platform (each, a “Distributor”), the following additional terms apply and supplement these Terms with respect to your use of that mobile application:

(a) Acknowledgment

These Terms are concluded between you and Listify only, and not with any Distributor. Listify (not the Distributor) is solely responsible for the mobile application and its content.

(b) Scope of License

The license granted to you for the mobile application is limited to a non-transferable license to use the application on any compatible device that you own or control, in accordance with the usage rules set forth in the applicable Distributor's terms of service.

(c) Maintenance and Support

Listify is solely responsible for providing any maintenance and support services for the mobile application. The Distributor has no obligation whatsoever to furnish any maintenance or support services with respect to the mobile application.

(d) Warranty

Listify is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the Distributor (where the Distributor offers a refund mechanism), and the Distributor will refund the purchase price for the mobile application to you, if any, to the extent required under applicable Distributor policies. To the maximum extent permitted by applicable law, the Distributor will have no other warranty obligation whatsoever with respect to the mobile application.

(e) Product Claims

Listify, not the Distributor, is responsible for addressing any claims by you or any third party relating to the mobile application or your possession or use of it, including: (i) product liability claims; (ii) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

(f) Intellectual Property Claims

In the event of any third-party claim that the mobile application or your possession and use of it infringes that third party's intellectual property rights, Listify, not the Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

(g) Compliance with Distributor Terms

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to comply with all applicable third-party terms when using the mobile application (for example, you must not be in violation of your wireless data service agreement when using the mobile application).

(h) Third-Party Beneficiary

You and Listify acknowledge that the Distributor and the Distributor's subsidiaries are third-party beneficiaries of these Terms with respect to the mobile application, and that, upon your acceptance of these Terms, the Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the mobile application as a third-party beneficiary.

By using the Service, you consent to receive electronic communications from Listify, including account notices, billing notices, security notices, product updates, legal notices, and service-related messages.

We may provide notices by email, in-app notification, dashboard notice, website posting, or other reasonable electronic method.

You are responsible for maintaining a current email address in your account.

We may modify, update, suspend, discontinue, limit, or remove any part of the Service at any time, including features, integrations, workflows, AI tools, pricing, usage limits, supported marketplaces, and technical requirements.

We are not liable for any modification, suspension, or discontinuation of the Service or any feature.

We may update these Terms from time to time as the Service evolves or as legal, security, marketplace, operational, or business requirements change.

If changes are material, we will make reasonable efforts to notify you by email, in-app notice, or posting an updated version of the Terms.

The updated Terms become effective when posted or on the date stated in the notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

If you do not agree to updated Terms, you must stop using the Service and cancel your subscription.

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

Subject to the dispute resolution section below and unless prohibited by applicable law, any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought in the state or federal courts located in Florida, and you consent to the personal jurisdiction and venue of such courts.

Nothing in these Terms limits any non-waivable rights you may have under the laws of your jurisdiction of residence.

(a) Informal Resolution

Before initiating any formal proceeding, you and Listify agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) informally. You must send a written notice describing the Dispute to info@artechgarage.com and allow at least thirty (30) days for good-faith resolution. Listify may require you to provide a similar notice for any Dispute we raise against you.

(b) Binding Arbitration

If the Dispute is not resolved within thirty (30) days, you and Listify agree that any remaining Dispute shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English by a single arbitrator. The seat of arbitration shall be Miami-Dade County, Florida, although the arbitrator may permit telephonic or video appearances at your request. The arbitrator shall have authority to decide all issues, including the scope, enforceability, and arbitrability of these Terms.

(c) Class Action and Jury Waiver

You and Listify agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any class, collective, consolidated, representative, or private attorney general action or proceeding. You and Listify expressly waive the right to a trial by jury and the right to participate in a class action.

(d) Small Claims Exception

Either party may bring an individual action in small claims court for Disputes within that court's jurisdiction in lieu of arbitration, provided the action remains in small claims court and is not removed or appealed to a court of general jurisdiction.

(e) Opt-Out Right

You may opt out of this arbitration agreement by sending a written notice of your decision to opt out, including your name, account email, and a clear statement that you wish to opt out of arbitration, to info@artechgarage.com within thirty (30) days of the date you first accept these Terms. Opting out will not affect any other portion of these Terms, including the class action waiver, which remains in full effect.

(f) Arbitration Costs

AAA's filing, administrative, and arbitrator fees will be allocated in accordance with the AAA Consumer Arbitration Rules. If the arbitrator determines that the value of your claim is $10,000 or less, Listify will pay all such fees unless the arbitrator finds that the substance of your claim or the relief sought was frivolous.

(g) Confidentiality

Except as required by law or to enforce an arbitration award, the parties shall maintain the confidential nature of the arbitration and the award, including the hearing, transcripts, evidence, and any settlement discussions.

(h) Severability

If any portion of subsection (c) is found to be unenforceable as to a particular Dispute or claim, that Dispute or claim shall be severed from arbitration and brought in the courts of competent jurisdiction identified in Section 31; the remainder of this Section 32 shall remain in full force and effect.

Listify is not responsible for any delay, failure, interruption, or inability to perform caused by events beyond our reasonable control, including but not limited to marketplace outages, API failures, hosting failures, payment processor issues, internet outages, cyberattacks, labor disputes, natural disasters, government actions, legal restrictions, war, terrorism, civil unrest, supply chain failures, power failures, or acts of God.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, sale of assets, change of control, or operation of law.

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

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Listify regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings regarding the Service.

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

ArtechGarage LLC
Email: info@artechgarage.com