Terms of Service

1. Agreement to Terms

By downloading, installing, or using Listly, operated by Listly ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms, together with our Privacy Policy and Etsy's API Terms of Use, constitute the entire agreement between you and Listly regarding the Service. By using the Service, you acknowledge that you have read and understood these documents.

2. Who Can Use Listly

To use the Service, you must:

Be at least 18 years of age (or the age of legal majority in your jurisdiction, if higher)
Have the legal capacity to enter into binding agreements
Provide accurate, current, and complete information during registration
Maintain and promptly update your information to keep it accurate
Maintain the security of your account credentials
Accept responsibility for all activities that occur under your account

You agree to notify us immediately of any unauthorized use of your account. One Listly account per person or business entity. We may suspend accounts registered with false information.

3. What Listly Does

Listly is a mobile application that uses artificial intelligence to help Etsy sellers create product listings. It is not a marketplace. Listly does not buy or sell goods. Current features include:

AI Listing Generation: Photograph a product and receive an AI-generated title, description, tags, and category suggestions optimised for Etsy search
Demand Score: Buyer interest indicators showing market demand for your product category
Pricing Calculator: A profit calculator that accounts for Etsy's full fee structure including listing fees, transaction fees, payment processing fees, regulatory fees, and offsite ad fees
Image Recommendations: Suggested image angles, backgrounds, and video content ideas for product photography
Variation Suggestions: Recommended product variations based on your product type and category
Streak Tracking: Daily listing habit tracking with streak counters and monthly progress
Listing History: A complete archive of all listings generated through the Service
Daily Reminders: Optional push notifications to encourage consistent listing habits

Features vary by subscription tier. Current pricing and feature availability are displayed within the app. We reserve the right to modify, suspend, or discontinue any feature at any time, with or without notice.

4. Etsy Integration

4.1 Connecting Your Etsy Shop

Listly integrates with the Etsy platform via the Etsy API to provide listing generation, market insights, and shop management tools. Your use of Listly's Etsy integration features is subject to Etsy's API Terms of Use, which are incorporated into these Terms by reference. By connecting your Etsy shop, you grant Listly permission to access your Etsy account within the scopes you approve during the OAuth 2.0 authorization flow. The specific permissions we request include:

Read and update your shop information and settings
Read, create, update, and delete your product listings
Read your Etsy user profile and account information

4.2 Your Responsibilities

You warrant that you are the legitimate owner (or authorized representative) of the Etsy shop you connect
Your use of Listly must comply with Etsy's Terms of Use, Seller Policy, and API Terms of Use at all times
Listly is not responsible for actions taken by Etsy against your account, including suspension, listing removal, or policy enforcement

4.3 Token Storage and Revocation

Your OAuth tokens are stored encrypted at rest. You can revoke Listly's access at any time by disconnecting your shop in Listly's settings or by revoking the app's permissions in your Etsy account settings. Upon disconnection, your OAuth tokens are deleted immediately.

4.4 Etsy Data Handling

Etsy shop data accessed through the API is used solely to provide listing generation, market insight, and shop management features within the Service. Listly does not sell, share, or distribute Etsy shop data to third parties. Upon account deletion or disconnection of your Etsy shop, all Etsy-related data associated with your account is permanently deleted.

4.5 Data Caching

Listly follows Etsy's data caching policies as outlined in Section 1 of the Etsy API Terms of Use. Cached data from the Etsy API is refreshed in accordance with Etsy's requirements and is not stored beyond the permitted duration. Listly does not use cached Etsy data for any purpose other than providing the Service to the account holder who authorized access.

4.6 API Availability

Features that depend on the Etsy API may become temporarily or permanently unavailable if Etsy modifies, suspends, or revokes API access. Listly is not liable for service interruptions, feature limitations, or data unavailability caused by changes to Etsy's API, rate limits, policies, or platform availability.

4.7 Etsy Policy Compliance

You are responsible for ensuring that any listing content you publish to Etsy, including content generated by Listly, complies with Etsy's Terms of Use, Seller Policy, and all applicable Etsy policies.

5. Listing Content and Publishing

Listly generates listing content (titles, descriptions, tags, pricing recommendations) based on product photographs you provide
You are solely responsible for all listing content you create, edit, or publish using content generated by Listly, including accuracy, pricing, compliance with Etsy's listing policies, intellectual property rights, product safety regulations, and all applicable laws
Listly does not review or pre-approve listing content before you use it
Listly is not responsible for Etsy removing, flagging, or penalizing listings that use content generated through our platform
Any content generated by Listly is a recommendation. You are responsible for reviewing and approving all content before publishing it to any platform

6. AI-Powered Features

6.1 How AI Generation Works

Listly uses AI models to analyse your product photographs and generate listing content. When you use AI features:

Your product photographs and any context you provide are sent to third-party AI providers for processing
Generated content is returned to Listly and stored in your account
Your personal account data is not sent to the AI provider beyond what is necessary for content generation

6.2 AI Output Responsibility

You are solely responsible for reviewing, editing, and approving any AI-generated content before using it. Listly makes no guarantee that AI-generated content is:

Accurate, truthful, or free from errors
Original or free from potential intellectual property claims
Compliant with Etsy's policies or any marketplace's rules
Suitable for any particular purpose
Optimised for search performance or sales outcomes

AI-generated content may contain inaccuracies or errors. You use AI-generated content entirely at your own risk.

6.3 Ownership of AI-Generated Content

Once AI-generated content is produced and saved to your account, you own it. Listly does not claim ownership of content generated for you. However, your use of AI-generated content is subject to the terms of service of the underlying AI providers.

6.4 Demand Scores and Pricing Recommendations

Demand Scores, pricing recommendations, and market insights provided by Listly are estimates based on available data and AI analysis. They are not guarantees of market performance, sales outcomes, or profitability. You are solely responsible for your pricing decisions and business outcomes.

7. Subscription and Billing

7.1 Subscription Plans

Listly offers subscription access through in-app purchases via the Apple App Store. A subscription is required to access listing generation and premium features. We may offer a free trial period for new users.

7.2 Payment Terms

All payments are processed through Apple's App Store billing system
Payment will be charged to your Apple ID account at confirmation of purchase
Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period
Your account will be charged for renewal within 24 hours prior to the end of the current period
If you subscribe before your free trial ends, the remaining free trial period will be forfeited when your purchase is confirmed

7.3 Managing Your Subscription

You can manage and cancel your subscription at any time through your Apple ID Account Settings. Upon cancellation, you will retain access to paid features until the end of your current billing period.

7.4 Refund Policy

Refunds for App Store purchases are handled by Apple in accordance with Apple's refund policies. To request a refund, visit Apple's support page or contact Apple directly through your purchase history. Listly does not process refunds directly.

7.5 Price Changes

We reserve the right to change our pricing. Price changes will be communicated through the App Store and will apply to the next billing period following the change. If you do not agree with a price change, you may cancel your subscription before the new price takes effect.

8. Acceptable Use

You agree not to:

Use the Service for any illegal purpose or in violation of any laws
Violate any third-party rights, including intellectual property rights
Violate the terms of service of Etsy or any other third-party platform that you access through or in connection with the Service
Use the Service to create listings for counterfeit, illegal, prohibited, or dangerous items
Use AI features to generate content that is misleading, fraudulent, defamatory, deceptive, or that infringes third-party intellectual property rights
Use the Service in any manner that is unethical, deceptive, or harmful to other marketplace participants
Transmit any viruses, malware, or harmful code
Attempt to gain unauthorized access to the Service or related systems
Interfere with or disrupt the Service or servers
Use automated systems to access the Service without permission
Reverse engineer, decompile, or disassemble any part of the Service
Access or collect Etsy data through any means other than the official Etsy API, including screen-scraping, crawling, or any automated data extraction methods
Circumvent, bypass, or interfere with any API rate limits, authentication mechanisms, or access controls imposed by Etsy or any other third-party platform
Resell, redistribute, or sublicense the Service without authorization
Use the Service to compete with Listly or build a similar service
Share, transfer, or sell your account credentials to any third party

Listly expects and requires all users to use this platform ethically and in full compliance with Etsy's Terms of Use. We do not condone, encourage, or support any activity that violates Etsy's policies.

Listly may suspend or terminate accounts that violate these terms without prior notice if necessary to protect the platform or other users.

9. Third-Party Services and Integrations

The Service integrates with the following third-party platforms and services:

Etsy: marketplace platform (data source and destination for your shop via the Etsy API)
Apple App Store: subscription billing and distribution
AI providers: text and content generation from product photographs
Supabase: data storage and authentication
PostHog: product analytics
Apple and Google: authentication (Sign in with Apple, Sign in with Google)

By using the Service, you acknowledge that:

You are responsible for complying with the terms of service of all third-party platforms you access through Listly
We are not responsible for the availability, accuracy, or content of third-party services
Changes to third-party services or their APIs may affect the functionality of Listly

The term "Etsy" is a trademark of Etsy, Inc. This application uses the Etsy API but is not endorsed or certified by Etsy, Inc.

10. Intellectual Property

10.1 Our Intellectual Property

The Listly application, its interface, branding, and underlying technology are the intellectual property of Listly and are protected by international copyright, trademark, and other intellectual property laws. Listly's name, branding, and artwork comply with Etsy's Trademark Policy. Listly is clearly distinguished from Etsy and does not use Etsy's trademarks in any way that implies endorsement, affiliation, or sponsorship.

10.2 Your Content

You retain full ownership of your product photographs, listing content, and any content you upload to the Service. By using the Service, you grant Listly a limited, non-exclusive license to use, store, and process your content solely for the purpose of providing the Service.

10.3 AI-Generated Content

AI-generated outputs (text, titles, descriptions, tags) produced through Listly belong to you once generated and saved to your account. Listly does not claim ownership of content generated for you. Your use of AI-generated content is subject to the terms of the underlying AI providers.

10.4 Aggregated Data

Listly may use aggregated, anonymized, non-identifiable usage data for platform analytics and product improvement. Individual user data is never sold or shared for commercial purposes.

11. Data and Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully to understand how we collect, use, and protect your data.

12. Disclaimers and Limitations of Liability

12.1 Service Availability

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or completely secure.

12.2 AI Output Disclaimer

AI-generated content is produced by third-party AI models and may contain errors, inaccuracies, or unsuitable material. Listly makes no warranty regarding the quality, accuracy, originality, or fitness of any AI-generated content. You are solely responsible for reviewing and approving all AI output before use.

12.3 Business Decisions and Results

The Service provides tools and information to assist with business decisions, including pricing recommendations and demand scores. However, you are solely responsible for your business decisions and outcomes. We do not guarantee any specific results, sales, revenue, or profitability from using the Service. Any examples, projections, statistics, or estimates displayed within the app, including during onboarding, are illustrative only. There can be no assurance as to any particular outcome, including increased income, Etsy search ranking, sales volume, or any other outcome, based on the use of the Service.

12.4 User Responsibility

Everything you do with content generated by Listly is your own responsibility. Listly is not responsible for any actions you take using the Service, including but not limited to listing content, pricing decisions, use of AI-generated content, or any consequences arising from your use of data or tools provided by the Service.

12.5 Limitation of Liability

To the maximum extent permitted by law, Listly's total aggregate liability to you for any claims arising from or related to the Service shall not exceed the total subscription fees you paid to Listly in the 12 months preceding the claim.

Listly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, use, goodwill, or other intangible losses, whether incurred directly or indirectly.

Listly is not responsible for: Etsy API outages, rate limits, or changes to Etsy's API; actions taken by Etsy against your account; data inaccuracies originating from third-party services; or outcomes resulting from AI-generated content.

12.6 Consumer Protection

This limitation of liability is subject to, and does not override, any mandatory consumer protection or refund rights provided by applicable law in your jurisdiction, including but not limited to Australian Consumer Law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Listly and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights, including the terms of service of Etsy or any other platform
Any content you publish using AI-generated content from the Service
Any claims related to listings you publish on Etsy or any other platform using content generated by Listly

14. Termination

14.1 Termination by You

You may terminate your account at any time by canceling your subscription through your Apple ID Account Settings and requesting account deletion through the app's Profile settings. Upon account deletion, all your data is permanently deleted, including account data, generated listings, and listing history.

14.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if you:

Violate these Terms of Service
Engage in fraudulent, abusive, or illegal activity
Use the Service in a manner that could harm us or other users
Violate the terms of service of Etsy or any other connected third-party platform

14.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Your account and all associated data will be deleted. No refund is issued for termination caused by your violation of these Terms. Listly may retain anonymized, aggregated data that cannot identify you.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Posting the updated Terms on this page and updating the "Last updated" date
Providing a prominent notice within the app for material changes

Your continued use of the Service after such changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to conflict of law provisions. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Australia.

Where local law grants you mandatory consumer protection rights, nothing in these Terms affects those rights.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Etsy's API Terms of Use, constitute the entire agreement between you and Listly regarding the Service.

17.2 Force Majeure

We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, third-party service outages, Etsy API unavailability, government orders, power failures, or any other insurmountable circumstance.

17.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

17.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

17.5 Assignment

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

18. Contact Information

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

Email: support@trylistly.com
Website: trylistly.com