These Terms of Service (“Terms”) govern your use of the Smart Lister mobile application, website at smartlister.app, and related services (collectively, the “Service”) operated by Seiber Solutions LLC, a Kansas limited liability company (“we”, “us”, or “our”). By creating an account or otherwise using the Service, you agree to be bound by these Terms.
You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.
You agree to provide accurate, current, and complete information when creating an account, and to keep that information up to date. You are responsible for safeguarding your password and for all activity that occurs under your account. Notify us immediately at support@smartlister.app if you suspect unauthorized access.
Smart Lister provides AI-assisted item analysis, drafting, and publishing tools for online marketplaces, including but not limited to eBay. Specific features may include image recognition, comparable-listing research, item-specifics inheritance, automated description generation, and bulk publishing.
The Service relies on third-party providers, including but not limited to eBay, Stripe, OpenAI, Groq, MongoDB Atlas, and Resend. The continued availability and behavior of those providers is outside our control, and changes by them may affect the Service.
You agree not to:
We may suspend or terminate your account, with or without notice, for any violation of these Terms.
You retain ownership of the photos, descriptions, prices, and other content you submit (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, modify (e.g., resize, compress, format), and display Your Content solely as needed to operate and improve the Service and to publish listings on your behalf.
You are solely responsible for the legality, accuracy, and quality of Your Content and of any listings published through the Service. You represent and warrant that you have all rights necessary to grant the license above.
When you connect a third-party account (such as eBay) to Smart Lister, you authorize us to act on your behalf within the scope of that connection (e.g., creating listings, reading order data, retrieving messages). Your relationship with the marketplace is governed by that marketplace’s terms; we are not a party to it.
You are responsible for all fees, taxes, refunds, returns, and customer service obligations arising from listings published through the Service. Smart Lister is not a party to any sale.
The Service uses artificial intelligence to suggest titles, descriptions, categories, item specifics, and prices. AI output may be inaccurate, incomplete, or unsuitable for a particular listing. You are solely responsible for reviewing and editing AI-generated content before publishing. We make no warranty that AI output will be free of errors or appropriate for your use.
Paid plans, billing, auto-renewal, loyalty bonuses, refunds, and cancellation are governed by the Smart Lister Subscription Agreement, which is incorporated into these Terms by reference. By subscribing to a paid plan, you accept the Subscription Agreement.
The Service, including its software, design, text, graphics, logos, and trademarks, is owned by Seiber Solutions LLC or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.
You may terminate your account at any time from within the app or by emailing support@smartlister.app. We may suspend or terminate your account at any time, with or without notice, for any reason, including breach of these Terms. On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 5, 9, 11, 12, 13, and 14) will survive.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI OUTPUT WILL BE ACCURATE.
WE ARE NOT RESPONSIBLE FOR LOSSES CAUSED BY THIRD-PARTY MARKETPLACES (INCLUDING SUSPENSIONS OR POLICY ACTIONS BY EBAY), THIRD-PARTY API OUTAGES, OR YOUR FAILURE TO REVIEW AI-GENERATED CONTENT BEFORE PUBLISHING.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEIBER SOLUTIONS LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR LISTING SALES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
You agree to defend, indemnify, and hold harmless Seiber Solutions LLC and its officers, directors, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising from (a) Your Content, (b) your use of the Service, (c) your violation of these Terms, (d) your violation of any third-party right (including marketplace policies), or (e) your sale of any item listed through the Service.
These Terms are governed by the laws of the State of Kansas, USA, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Kansas, and you consent to the personal jurisdiction of those courts. You waive any right to a jury trial.
We may modify these Terms from time to time. If a change is material, we will give you reasonable advance notice (such as an in-app notice or email). Your continued use of the Service after the effective date of the updated Terms constitutes acceptance.
These Terms, together with the Privacy Policy and Subscription Agreement, constitute the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver.
For questions about these Terms, contact us at legal@smartlister.app.
Seiber Solutions LLC
Kansas, USA
smartlister.app