Terms of Service Agreement

Last Revision Date: November 20, 2023

Welcome to the listingai.co website (the "Website"), which is provided to you by MappedBy Inc. ("we", "us", or "our"). This document, the Terms of Service ("Terms"), sets forth the legal terms and conditions that will govern your use of our Website and services.

Before engaging with our Website, we urge you to read these Terms attentively. By accessing or using the Website, you agree to be legally bound by these Terms. If you disagree with any part of these Terms, you must not use our Website.

Subscription Terms

Access to certain sections of our Website may require a paid subscription ("Subscription"). Subscriptions are billed in advance on a recurring cycle, which may be monthly or yearly based on the selected plan ("Billing Cycle").

Your Subscription will renew automatically using the same conditions as the previous cycle unless you cancel it or MappedBy Inc. cancels it. To cancel, you must do so through your account management settings on the Website or by contacting our customer support.

Payment details, such as credit card information, are necessary to process payment for your Subscription. You agree to supply MappedBy Inc. with complete and accurate billing information and authorize MappedBy Inc. to charge all Subscription fees to these payment methods.

If billing attempts fail for any reason, an electronic invoice will be sent to you, with directions to complete payment within a specified deadline.

Trial Subscription

We may offer a free trial Subscription for a limited time ("Trial Period") at our sole discretion. You might be asked to provide billing information when signing up for the Trial Period. Free trial means you can request a full refund with no questions asked during the trial period. You will be billed immediatly upon subscription.

Pending your cancellation, on the Trial Period's conclusion, MappedBy Inc. will continue billing for the chosen Subscription type unless you have cancelled it during the Trial Period.

We reserve the right to alter or withdraw the Free Trial offer at any time without prior notice.

Billing vacations

You can request a billing vacaction of 1 to 3 months from within your account. When a billing vacation starts you will not be billed, and you cannot use your service until it is over, or until you manually end it ahead of schedule.

When billing vacation period ends we will not email or notify you, your subscription will automatically resume.

Should you not want to get charged or resume your service at the end of your billing vacation, you can cancel your account by emailing us, or from within your account. See "Cancellations" for further information.

Changes to Subscription Fees

We may modify Subscription fees at any time, in our sole discretion. Such changes will apply after the current Billing Cycle ends, and we will provide advance notice of these changes.

Continued usage of our Website after a Subscription fee change signifies agreement to the new fees.

Cancellations

To cancel a subscription account you agree to either a) Send an email requesting the cancellation, to hello@listingai.co, from the email you signed up with OR b) Log into your account, navigate to the billing section and select "Cancel account".

In the event that you intended to cancel but forgot, we will provide a refund for up to the last 30 days provided there is no other activity in your account.

In the event where you believe you already cancelled but were still charged for our services, you agree to contact ListingAI by emailing hello@listingai.co from the account you signed up with and allow us up to 7 days from the date of this contact to remedy the complaint before resorting to any other legal action or card provider chargeback process.

We take cancellations seriously, and we want to avoid chargebacks. We will work with you to resolve any issues you may have any time you contact us, but we cannot help you if you do not contact us. Please do not resort to chargebacks before contacting us.

Subscription Refunds

Refund requests for Subscriptions will be considered on a case-by-case basis by MappedBy Inc., at our sole discretion.

Your Content

You may upload, link, and share text, graphics, videos, and other materials ("Content") on the Website. By uploading Content, you grant us permission to use, reproduce, and distribute your Content on the Website, still retaining your rights.

You guarantee that you either own the Content or have the necessary licenses and rights to use it and authorize us to utilize the Content. You must also ensure the Content does not breach any rights.

We may block or remove Content we deem unacceptable at our discretion. Additionally, we are not responsible for user-generated content and act solely as a distributor.

By using Listing AI, You grant us rights to co-publish, re-market or otherwise share and use your listing content as part of our website and/or marketing materials. This may include on our website, Instagram account, Facebook account or other social media platforms or publications. If you wish to opt out of this please email hello@listingai.co and indicate that you prefer we do not share your listing materials as part of our own website or marketing materials and we will refrain from doing so.

Account Responsibilities

When you create an account with us, ensuring the accuracy and currency of your information is imperative. Responsibility for safeguarding your password and monitoring all activities under your account rests with you.

You must inform us immediately if you suspect any unauthorized use or security breach of your account.

Copyright Complaints

We respect the intellectual property rights of others and follow a strict policy in response to copyright infringement claims. Any claims must be submitted in writing to our designated copyright agent.

If we have made a mistake by inadvertently providing you with copyrighted content, we will inform you and expect compliance with the removal of such content. You assume full responsibility for any misuse of copyrighted materials we have provided.

Errors

It’s possible that any given information we provide in any form may contain errors or inaccuracies, either because vital information is missing or because the information given is inaccurate. This includes information about prices, promotions, availability, et cetera. In the event of such a mistake being made, we reserve the right to correct it without prior notice and without any obligation to do so. We also reserve the right to, after having corrected a mistake, update or cancel any orders and transactions made with the faulty information. In the event we need to do this, we shall inform you about this through the email address you will have provided us with.

Disclaimer of warranties

We cannot and thus do not guarantee that our services are provided with no interruptions, mistakes, errors, performance issues, delays or security issues. We try our best to provide you with the best possible service, but we can’t rule out that occasional problems with our services may arise.

We do not warrant any results from the use of our products or services.

Use of our service is at your own risk. Our products and services are provided without any warranties regarding their effect, functionality, or any other type of guarantee.

ListingAI is not liable for any negative consequences caused by the use of our products by the user in any way, unless otherwise determined by the law. In such cases, ListingAI will be liable to the minimum extent the law requires.

Ownership and Use of Material

The Website and its original content, excluding your Content, are owned by MappedBy Inc. and are protected by copyright and other intellectual property laws. Your use of any materials from the Website is permitted only for personal, non-commercial use.

MappedBy Inc. or its affiliates hold trademarks that you are not granted a right to use. Unauthorized use of Website materials may result in infringement penalties.

External Links

Ocasionally, our Website includes links to third-party sites, over which we have no control and for which we assume no responsibility.

Account Termination

We may suspend or terminate your access to the Website without notice or liability for any reason, particularly in the case of breaches of these Terms.

Should your account be terminated, your right to use the Website ceases immediately. To deactivate an account, stop using the Website and, if necessary, contact us to close your account.

Indemnification and Limitation of Liability

You agree to indemnify and hold harmless MappedBy Inc. and its affiliates against any claim or demand, including legal fees, made by any third-party due to your use of the Website, your breach of these Terms, or your infringement of any rights of another.

Under no circumstance will ListingAI be held liable to anything more than of 1 times the past 12 months revenues paid by the customer using our services.

MappedBy Inc. will not be liable for any indirect, special, or consequential damages arising from your use or inability to use the Website.

Disclaimers and Rights

The Website is provided without warranties of any kind, whether express or implied. We do not guarantee uninterrupted access or that errors, defects, or omissions will be corrected.

If you violate these Terms and we do not take immediate action, we still retain our rights and remedies for any subsequent or similar breaches.

User referal program

We will provide you with a unique referral link to share with your co-workers, friends and family.

You will receive a commission for each person who signs up using your link.

Each referal is valued at 10% of the subscription value of the person who signed up using your link.

You can not refer yourself but you can refer your company or other people that work within it.

Payouts will occur once a month, no earlier than 90 days after the start subscription date of the person who signed up using your link.

You will be paid back on the original payment method you provided or sent a cheque in the mail. We reserve the right to change the payment method at any time. Each time you are paid out, we will send you a statement of earnings via email.

We may request documentation from you or need to perform identity verification on your account prior to sending you a payout. We reserve the right to withhold payment until these processes have been completed.

You can refer as many people as you like.

If you are on a paid plan, your maximum comission is capped 5x the value of your subscription. If you are on a free plan, your maximum comission is capped at $1000.

If you delete your account before the 90 days are up or if the person you referred cancels their subscription before the 90 days are up, no commission will be paid out to you.

We will not pay out commissions for any referrals that are not on a paid plan or existing users that did not sign up using your link.

When a user signs up using multiple referral links, the first link they used will be the one that is used for the referral.

If a user visited our site using a referral link but did not sign up, we will only pay out the referral if they convert to a paid subscription within 30 days of using your link.

If a referred user is refunded, we will not pay out the referral or we will payout a prorated amount. If the referral is refunded after you have been paid out, we will deduct the referral amount or the prorated amount from your next payout.

We cannot transact with minors, individuals on sanction lists, or who are located in countries that are sanctioned by the Canadian government. Please do not refer individuals that fall into these categories, if you do we will delete/refund their accounts and you will not be paid out for any such referrals.

We reserve the right to cancel your account and cancel or without payment if we suspect fraud.

We reserve the right to change the terms of this program at any time. Changes will be posted on this page and will be effective immediately, potentially impacting both new and existing referrals.

Assignment

MappedBy Inc. may at any time assign, transfer, or delegate any of its rights and obligations under this Terms of Service to a subsidiary, affiliate, or successor thereof, or to a third party, without requiring your consent. You, however, may not assign or transfer any of your rights or obligations under this Terms of Service without the prior written consent of MappedBy Inc., and any unauthorized assignment or transfer shall be null and void.

Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to this Terms of Service or the breach thereof, the parties hereto shall use their best efforts to settle the dispute. To this effect, they shall consult and negotiate with each other, in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be submitted to binding arbitration at the option of MappedBy Inc., or alternatively resolved through another dispute resolution mechanism agreed upon by both parties.

If MappedBy Inc. elects to resolve the dispute through arbitration, the arbitration will take place in Ontario, Canada, and be administered by an administrator selected by MappedBy Inc. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

However, should MappedBy Inc. choose to forgo arbitration, both parties agree to submit to the personal jurisdiction of the courts located within the province of Ontario, Canada.

Unless you and MappedBy Inc. agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

You agree that any dispute will be solved on an individual basis, renouncing any rights to a class action.

Changes to the Agreement

We reserve the right to amend these Terms at our discretion. You agree to review these Terms periodically for changes. Continuing to use the Website after such changes take effect indicates acceptance of the new Terms.

Contact Information

If you have any questions or feedback regarding these Terms, please get in touch with us by emailing hello@listingai.co