Terms of Service

Welcome to Lyst'd AI. These Terms of Service ("Terms") are a legal agreement between you and LYST'D LLC, a Texas limited liability company ("Lyst'd," "we," "us," or "our"), governing your use of the Lyst'd AI mobile application, website (lystdai.com), and related cross-listing services (collectively, the "Service").

Please read these Terms carefully. By creating an Account, downloading the Application, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. The Service

Lyst'd is a cross-listing tool that lets you post, edit, sync, and delist items across multiple third-party resale marketplaces — including eBay, Mercari, Depop, Poshmark, and Facebook Marketplace (the "Marketplaces") — from a single interface. The Service may also use AI to help generate titles, descriptions, categories, tags, and pricing suggestions.

2. Eligibility

To use Lyst'd, you must:

• Be at least 18 years old;
• Have the legal authority to enter into these Terms;
• Not be barred from using the Service under U.S. law or the laws of your jurisdiction;
• Comply with the terms of service of every Marketplace you connect.

3. Your Account

You are responsible for:

• Providing accurate information when creating your Account;
• Keeping your password and login credentials secure;
• All activity that happens under your Account;
• Notifying us immediately at Support@lysdtai.com if you suspect unauthorized access.

We may suspend or terminate Accounts that violate these Terms, as described in Section 12.

4. Connecting Third-Party Marketplaces

Lyst'd requires you to connect your Marketplace accounts (via OAuth, API credentials, or login details) in order to cross-list on your behalf. By connecting a Marketplace, you:

• Authorize Lyst'd to access that Marketplace and take actions you initiate (creating, editing, syncing, and deleting listings);
• Confirm you are the rightful owner of that Marketplace account;
• Accept sole responsibility for complying with that Marketplace's terms of service;
• Acknowledge that you can disconnect any Marketplace at any time from your Account settings.

5. Your Content and Listings

5.1 Ownership

You retain ownership of the photos, descriptions, titles, and other content you submit to Lyst'd ("Your Content"). Lyst'd does not claim ownership of Your Content.

5.2 License to Lyst'd

By submitting Your Content, you grant LYST'D LLC a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, adapt, create derivative works from, transmit, and display Your Content solely to:

• Operate the Service (including posting to Marketplaces you authorize);
• Improve the Service, including training AI/ML models as described in our Privacy Policy;
• Provide customer support.

5.3 Your Representations

You represent and warrant that:

• You own or have the rights to everything you post through Lyst'd;
• Your Content does not infringe anyone's intellectual property, privacy, or publicity rights;
• The items you list are yours to sell and are legal to sell in your jurisdiction and on each Marketplace;
• Your Content is accurate and not misleading.

6. Prohibited Uses

You may not use Lyst'd to:

• List counterfeit, stolen, replica, or unauthorized goods;
• List items that are illegal to sell (weapons, regulated drugs, endangered wildlife, etc.);
• Violate any Marketplace's terms of service in a way that shifts liability to Lyst'd;
• Scrape, reverse-engineer, decompile, or attempt to extract the source code of the Service;
• Resell, rent, or sublicense the Service or your Account to anyone else;
• Use the Service to harass, defraud, or harm others;
• Interfere with, overload, or disrupt the Service or its servers;
• Use bots, scrapers, or automated tools to access Lyst'd outside of our official interfaces;
• Attempt to bypass security features, rate limits, or access controls;
• Use the Service to send spam or unsolicited messages.

7. Subscriptions, Billing, and Refunds

7.1 Subscriptions

Lyst'd may be offered on a subscription basis. Subscription tiers, features, and prices are disclosed in the Application at the time of purchase and may change with notice.

7.2 Payment Processing

All payments are processed by Apple (App Store / In-App Purchases) or Google (Play Billing). Lyst'd does not directly process or store your payment card information. By subscribing, you agree to the billing terms of Apple or Google (whichever applies), in addition to these Terms.

7.3 Free Trials

If Lyst'd offers a free trial, the trial length and terms will be disclosed at signup. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and you will be charged.

7.4 Auto-Renewal

Subscriptions renew automatically at the end of each billing period until you cancel. The renewal price will be the then-current price disclosed in the Application.

7.5 Cancellation

You may cancel your subscription at any time through your Apple ID subscription settings or Google Play subscription settings. Cancellation takes effect at the end of your current billing period — you retain access to paid features until then, and you will not be charged again after cancellation. We do not provide partial refunds for unused time in a billing period.

7.6 Refunds

Except where required by law, subscription fees are non-refundable. Refund requests are handled by Apple or Google under their respective policies:

• Apple: reportaproblem.apple.com
• Google Play: Google Play refund policy

Lyst'd does not issue refunds directly for purchases made through Apple or Google.

7.7 Price Changes

We may change subscription prices. Price changes take effect at the start of the next billing period after reasonable notice, and you can cancel before they take effect.

8. Intellectual Property

The Service — including the Lyst'd name, logo, software, design, graphics, and all related intellectual property — is owned by LYST'D LLC and protected by U.S. and international IP laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or business reselling use, subject to these Terms. Nothing in these Terms transfers any ownership of our IP to you.

9. AI-Generated Content

The Service may use AI to generate titles, descriptions, categories, tags, pricing suggestions, and similar outputs ("AI Output"). You understand that:

• AI Output may be inaccurate, incomplete, or non-optimal;
• You are responsible for reviewing AI Output before posting it;
• You are solely responsible for listings you publish, including AI-generated ones;
• Similar AI Output may be generated for other users, so we cannot guarantee uniqueness;
• You must not use AI Output to deceive buyers or misrepresent items.

10. Third-Party Services

The Service integrates with third-party Marketplaces and tools. Your use of those services is governed by their own terms and privacy policies, not ours. Lyst'd is not responsible for third-party services, outages, changes to their APIs, or any action they take against your account.

11. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, Lyst'd disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade.

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free;
• Listings will successfully post, sync, or sell on any Marketplace;
• Marketplaces will continue to allow cross-listing or to work with Lyst'd;
• AI Output will be accurate or produce desired results;
• Data will never be lost (back up anything you cannot afford to lose).

12. Limitation of Liability

To the fullest extent permitted by law, in no event shall LYST'D LLC, its officers, employees, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost sales, lost data, Marketplace account suspension, or reputational harm — arising from your use of the Service.

Our total aggregate liability to you for any claim arising out of or relating to the Service will not exceed the greater of (a) the amount you paid Lyst'd in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100 USD).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless LYST'D LLC and its officers, employees, and affiliates from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising from:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of any Marketplace's terms;
• Your Content or listings;
• Your violation of any law or third-party right.

14. Termination

You can stop using Lyst'd and delete your Account at any time. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, created risk for us or other users, or abused the Service. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (ownership, disclaimers, limitations of liability, indemnification, dispute resolution) will survive.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules.

15.1 Informal Resolution

Before filing any claim, you agree to contact us at Support@lysdtai.com and try to resolve the dispute informally for at least 30 days.

15.2 Binding Arbitration

If we can't resolve a dispute informally, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Harris County, Texas (or remotely where available). The arbitrator's decision is final and enforceable in any court of competent jurisdiction.

15.3 Class Action Waiver

You and Lyst'd each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative action.

15.4 Exceptions

Either party may bring claims in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.

16. Changes to the Service and These Terms

We may modify the Service and these Terms at any time. If we make material changes to these Terms, we will notify you by email, in-app notice, or a banner on the website at least 7 days before changes take effect. Continued use after changes means you accept the new Terms.

17. Miscellaneous

• Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and Lyst'd regarding the Service.
• Severability. If any provision is found unenforceable, the rest remains in effect.
• No Waiver. Our failure to enforce any right or provision is not a waiver.
• Assignment. You may not assign these Terms without our consent. We may assign them freely.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• No Agency. No joint venture, partnership, employment, or agency relationship is created by these Terms.

18. Contact