Agreement to Terms: By accessing or using Foxlister, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our service.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Foxlister ("we," "us," or "our") regarding your use of the Foxlister platform, including our website, applications, and AI-powered e-commerce management tools (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
2. Eligibility
To use Foxlister, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding contract
- Not be prohibited from using the Service under applicable laws
- Comply with all local, state, national, and international laws and regulations
By using the Service, you represent and warrant that you meet these eligibility requirements.
3. Description of Service
Foxlister is an AI-powered store management platform that provides:
- Product Analysis: AI-powered analysis of product images using Google Gemini
- Content Generation: Creation of product images using Google Imagen and videos using Google Veo
- Listing Management: Tools to create, optimize, and manage product listings
- Marketplace Integration: Connections to e-commerce platforms including eBay, Amazon, Shopify, TikTok, and others
- AI Assistant: Conversational AI to help manage your online store
4. User Accounts and Registration
4.1 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breaches
- Ensuring your account information is accurate and up-to-date
4.2 Marketplace Connections
When connecting third-party marketplaces:
- You grant Foxlister permission to access your marketplace accounts on your behalf
- You are responsible for complying with each marketplace's terms of service
- You can revoke access at any time through the Foxlister interface
- We are not responsible for changes to third-party APIs or marketplace policies
5. AI-Generated Content
5.1 Content Accuracy Disclaimer
Important: AI-generated content (images, videos, descriptions) may contain errors, inaccuracies, or inappropriate material. You are solely responsible for reviewing, verifying, and editing all AI-generated content before using it in your business or publishing to marketplaces.
5.2 Content Ownership
- Your Input: You retain all rights to the product images and content you upload
- Generated Content: You own the AI-generated content created from your inputs
- Commercial Use: You may use generated content for commercial purposes in your e-commerce business
- No Warranty: We do not guarantee the quality, accuracy, or fitness of AI-generated content
5.3 Prohibited Uses of AI Content
You may not use Foxlister to generate content that:
- Infringes on intellectual property rights of others
- Contains illegal, harmful, or offensive material
- Violates any marketplace's content policies
- Misrepresents products or deceives consumers
- Contains false or misleading information
6. User Responsibilities and Conduct
6.1 Acceptable Use
You agree to use Foxlister only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others, including intellectual property rights
- Transmit malicious code, viruses, or harmful components
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the Service or servers
- Use automated systems (bots, scrapers) without permission
- Reverse engineer, decompile, or disassemble the Service
- Resell or redistribute the Service without authorization
6.2 Content Standards
All content you upload must:
- Be legally owned or licensed by you
- Not violate any third-party rights
- Comply with marketplace content policies
- Be appropriate for commercial use
- Not contain prohibited items (weapons, drugs, counterfeit goods, etc.)
7. Intellectual Property Rights
7.1 Foxlister's IP
The Service, including its design, features, text, graphics, logos, and software, is owned by Foxlister and protected by copyright, trademark, and other intellectual property laws. You may not:
- Copy, modify, or create derivative works of the Service
- Use our trademarks or branding without permission
- Remove or alter any proprietary notices
7.2 License to Use Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business e-commerce activities.
7.3 User Content License
By uploading content to Foxlister, you grant us a worldwide, non-exclusive, royalty-free license to:
- Process your content through AI services (Gemini, Imagen, Veo)
- Store and display content within the Service
- Create derivative works (AI-generated content) based on your inputs
This license terminates when you delete your content or close your account, except for content you've published to third-party marketplaces.
8. Third-Party Services
8.1 AI Service Providers
Foxlister uses third-party AI services (Google Gemini, Imagen, Veo) to process your content. Your use of these services is also subject to:
8.2 Marketplace Integrations
When connecting marketplaces, you agree to comply with their respective terms of service:
- TikTok: TikTok Terms of Service
- eBay: eBay User Agreement
- Amazon: Amazon Services Business Solutions Agreement
- Shopify: Shopify Terms of Service
We are not responsible for changes to third-party services, APIs, or policies that may affect Foxlister's functionality.
9. Fees and Payment
9.1 Free Service
Foxlister currently offers its core services free of charge. However, we reserve the right to:
- Introduce paid plans or premium features in the future
- Modify pricing with at least 30 days' notice
- Offer promotional pricing or discounts
9.2 Third-Party Costs
You are responsible for:
- Any fees charged by marketplaces (listing fees, transaction fees, etc.)
- Costs associated with your Google API usage (if you use your own API keys)
- Internet access and data charges
10. Disclaimers and Warranties
10.1 Service "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties that the Service will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy, reliability, or quality of AI-generated content
- Warranties that defects will be corrected
10.2 AI Content Disclaimer
No Guarantee of Results: We do not guarantee that AI-generated content will be accurate, complete, suitable for your purposes, or compliant with marketplace policies. You use AI-generated content at your own risk.
10.3 Third-Party Services
We are not responsible for:
- Availability or performance of third-party AI services
- Changes to marketplace APIs or policies
- Interruptions in service due to third-party providers
- Loss of data due to third-party service failures
11. Limitation of Liability
11.1 Damages Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOXLISTER SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages resulting from use or inability to use the Service
- Damages caused by AI-generated content errors or inaccuracies
- Damages from unauthorized access to your account
- Damages from marketplace account suspensions or policy violations
- Damages from third-party service failures or API changes
11.2 Maximum Liability
Our total liability to you for all claims arising from your use of the Service shall not exceed $100 USD or the amount you paid us in the past 12 months, whichever is greater.
11.3 Jurisdictional Limitations
Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages. In such jurisdictions, the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Foxlister, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Content you upload or generate through the Service
- Your interactions with marketplaces or third-party services
- Your business practices or product listings
13. Termination
13.1 Termination by You
You may stop using the Service at any time by:
- Disconnecting all marketplace integrations
- Clearing your browser's local storage
- Ceasing to access the Service
13.2 Termination by Us
We may suspend or terminate your access to the Service immediately, without notice, if:
- You violate these Terms
- You engage in fraudulent or illegal activities
- Your use poses security or legal risks
- Required by law or third-party service providers
- We discontinue the Service
13.3 Effect of Termination
Upon termination:
- Your right to use the Service immediately ceases
- You should remove all data stored in your browser
- Provisions regarding liability, warranties, and indemnification survive
- We are not liable for any losses resulting from termination
14. Data Privacy and Security
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.
15. Modifications to Service and Terms
15.1 Service Changes
We reserve the right to:
- Modify, suspend, or discontinue the Service at any time
- Add, remove, or change features and functionality
- Update AI models or processing methods
- Change supported marketplaces or integrations
We will make reasonable efforts to notify you of material changes, but are not obligated to provide advance notice.
15.2 Terms Updates
We may update these Terms from time to time. We will notify you by:
- Updating the "Last Updated" date at the top of this page
- Displaying a notice in the Service (for material changes)
Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.
16. Dispute Resolution
16.1 Informal Resolution
Before filing a claim, you agree to contact us at support@foxlister.com to attempt to resolve the dispute informally. We will work with you in good faith to resolve the issue.
16.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
16.3 Arbitration Agreement
Any dispute arising from these Terms or the Service shall be resolved through binding arbitration, except that you may assert claims in small claims court if they qualify. The arbitration will be conducted by a neutral arbitrator and shall be held in [Your Location].
16.4 Class Action Waiver
You agree that any proceedings to resolve disputes will be conducted on an individual basis and not as a class action, consolidated action, or representative action.
17. Export Controls
You agree not to export, re-export, or transfer the Service or any technology derived from the Service except in compliance with all applicable export laws and regulations.
18. Miscellaneous
18.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Foxlister regarding the Service and supersede all prior agreements.
18.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
18.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
18.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
18.5 Force Majeure
We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, government actions, or failures of third-party services.
18.6 Relationship
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Foxlister.
19. Contact Information
If you have questions about these Terms, please contact us:
Foxlister Support Team
Email: support@foxlister.com
Website: https://foxlister.com
20. Acknowledgment
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.