Terms of Service

Privacy Policy Agreement

Effective date: November 20, 2023

MappedBy Inc. ("we", "us", or "our") manages the website at https://www.listingai.co (henceforth referred to as the "Service").

This document outlines our regulations concerning the gathering, utilization, and disclosure of private information when you utilize our Service, along with the choices you have associated with that data.

Our Service uses your data to enhance and personalize your experience. Your use of the Service constitutes your agreement to the collection and usage of information in line with this policy. Terms not otherwise defined in this Privacy Policy are explained within our Terms and Conditions, available from https://www.listingai.co

Definitions

Service

The Service encompasses the website https://www.listingai.co operated by MappedBy Inc.

Personal Data

Personal Data refers to information about a living individual who can be identified from that data (or from those and additional information either in our possession or likely to come into our possession).

Usage Data

Usage Data is information collected automatically either through the use of the Service or from the Service infrastructure itself (such as the duration of a page visit).

Cookies

Cookies are small pieces of data saved on your device (computer or mobile device).

Data Controller

Data Controller refers to the entity that alone or jointly with others determines the purposes and means of processing personal data.

For the purposes of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any individual or entity that processes data on behalf of the Data Controller.

We may employ the services of various Service Providers to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who utilizes our Service and is the subject of Personal Data.

Information Collection and Use

We gather different types of information for multiple purposes to supply and enhance our Service for you.

Types of Data Collected

Personal Data

While utilizing our Service, we might request that you furnish us with specific personally identifiable information that can be employed to contact or recognize you ("Personal Data"). This may include, but not limit to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data

We might use your Personal Data to reach out to you with newsletters, marketing or promotional materials, and other information that may intrigue you. You can opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by contacting us at hello@listingai.co.

Usage Data

We might also accumulate information on how the Service is accessed and utilized ("Usage Data"). This Usage Data can comprise details such as your computer's Internet Protocol address (e.g. IP address), browser type and version, the pages of our Service you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

Location Data

We might utilize and store data regarding your location if you enable us to do so ("Location Data"). We harness this data to enhance the features of our Service, to refine and personalize our Service.

You have the option to activate or deactivate location services whenever you use our Service through your device settings.

Tracking & Cookies Data

We leverage cookies and similar tracking technologies to monitor the activities on our Service and store certain information.

Cookies are files with a minuscule amount of data which may include a unique anonymous identifier. Cookies get sent to your browser from a site and are saved on your device. Other tracking technologies like beacons, tags, and scripts are also deployed to collect and trace information, as well as to enhance and assess our Service.

You can command your browser to reject all cookies or to indicate when a cookie is being dispatched. Nonetheless, if you do not accept cookies, you might not be able to use some parts of our Service.

Examples of Cookies we use:

Session Cookies: We use Session Cookies to operate our Service.
Preference Cookies: We utilize Preference Cookies to remember your preferences and various settings.
Security Cookies: We use Security Cookies for protection purposes.

Use of Data

MappedBy Inc. utilizes the accumulated data for a mixture of purposes:

To present and sustain our Service
To inform you of modifications to our Service
To enable you to engage in interactive elements of our Service when you opt to do so
To provide client care and support
To deliver analysis or precious information so that we can refine our Service
To watch over the Service's usage
To identify, avert, and tackle technical issues
To supply you with news, special offers, and general information about other goods, services, and happenings which we offer that are like those that you have already acquired or inquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), MappedBy Inc.'s legal basis for collecting and using personal information described in this Privacy Policy depends on the Personal Data we gather and the specific context in which we collect it.

MappedBy Inc. may process your Personal Data because:

We need to perform a contract with you
You have granted us permission to do so
The processing is in our legitimate interests and is not overridden by your rights
To process payments
To comply with the law

Retention of Data

MappedBy Inc. will retain your Personal Data only as long as necessary for the purposes laid out in this Privacy Policy. We will keep and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to maintain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

MappedBy Inc. will also retain Usage Data for internal analysis. Usage Data is generally kept for a shorter period of time, except when this data is used to bolster security, to improve the functionality of our Service, or we are legally bound to retain this data for longer time periods.

Transfer of Data

Your data, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside of Canada and decide to provide information to us, please be aware that we transfer the data, including Personal Data, to Canada and process it there.

Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to the transfer.

MappedBy Inc. will take all steps reasonably necessary to ensure your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.

Disclosure of Data

Legal Requirements

MappedBy Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of MappedBy Inc.
Prevent or investigate possible wrongdoing in relation to the Service
Protect the personal safety of users of the Service or the public
Protect against legal liability

As part of a business transition, such as a merger or acquisition, your Personal Data may be part of the transferred assets. You will be notified before any transfer and submission to a different Privacy Policy.

Security of Data

The protection of your data is crucial to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. We aim to use commercially acceptable means to protect your Personal Data, but we cannot guarantee its absolute security.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have specific data protection rights. MappedBy Inc. aims to take reasonable steps to permit you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to learn what Personal Data we hold about you and if you want it to be removed from our systems, please get in touch with us at hello@listingai.co.

Service Providers

We engage third-party companies and individuals to enhance our Service ("Service Providers"), to perform Service-related services, or to support us in evaluating how our Service is used.

These third parties can access your Personal Data solely to execute these tasks on our behalf and are strictly prohibited from disclosing or using it for any other purpose.

Analytics

To better understand the usage of our Service, we may utilize reputable third-party Service Providers for analytics.

Google Analytics is one of the analytics services we use. It's a web analytics service provided by Google that tracks and reports website traffic. Google uses the data collected to track and analyze the use of our Service, and may share it with other Google services. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. More details about Google's privacy practices can be found at their Google Privacy & Terms web page.

Behavioral Remarketing

MappedBy Inc. leverages remarketing to market to you on third-party websites after you have browsed our Service. Our trusted partners, as well as us, use cookies and similar tracking technologies to tailor and serve adverts based on your previous usage of our Service.

Google Ads (AdWords) and Bing Ads are services we use to engage in this remarketing. Opt-out features are provided by both platforms, and you can find more instructions on their respective websites. Facebook also provides remarketing services, allowing us to reach out to you on their platform. You can manage your ad preferences in your Facebook settings to opt-out of such targeted advertising.

Payments

We offer products and/or services within the Service for which payment is required. For these payment transactions, we utilize the services of esteemed third-party payment processors like Stripe and PayPal/Braintree. MappedBy Inc. does not collect or store your payment card details. This confidential information is directly provided to our third-party payment processors whose use of your personal information adheres to their Privacy Policies. The PCI Security Standards Council manages PCI-DSS standards, ensuring the secure handling of your payment information.

Links to Other Sites

Our Service may provide links to external sites not operated by us. If you click on a third-party link, you will be redirected to that third party's site. We strongly encourage you to read the Privacy Policy of every site you visit. We hold no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children's Privacy

Our Service does not cater to individuals under the age of 18. It is not our intention to collect personal information from children under the age of 18. If we are made aware that we have collected Personal Data from children without verification of parental consent, we will take the necessary steps to delete that information from our servers. If you believe that your child has provided us with personal information, please contact us at hello@listingai.co, and we will act promptly to rectify the situation.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time, reflecting changes in our operational practices or for other operational, legal, or regulatory reasons. Any alterations to our Privacy Policy will be communicated to you by updating the policy on our website and, where appropriate, through notification via email.

We suggest that you review our Privacy Policy periodically to be aware of any changes. Your continued use of our Service after any modifications to this Privacy Policy will constitute acknowledgment of the modifications and consent to abide and be bound by the updated policy.

Contact Us

If you have any concerns or questions regarding this Privacy Policy, please get in touch with us:

By email: hello@listingai.co

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.

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.

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.

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