Terms of Service

Last updated: January 1, 2025

Welcome to Listing. These Terms of Service ("Terms") govern your access to and use of the listing.ai website, mobile application, and related services (collectively, the "Services") provided by Listing Systems LLC ("Listing ", "we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

By creating an account or using our Services, you affirm that you are at least 18 years of age and capable of entering into a binding agreement. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

2. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

3. Description of Services

Listing is a membership-based platform for professionals. Our Services include:

Professional profile creation and management

Username reservation and personal microsite

Access to a private network of verified professionals

AI-powered tools and features for professionals

Analytics and insights about your profile performance

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

4. Account Registration and Eligibility

To use our Services, you must create an account and provide accurate, complete, and current information. You are responsible for:

Maintaining the confidentiality of your account credentials

All activities that occur under your account

Notifying us immediately of any unauthorized use of your account

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion, including for violation of these Terms or applicable laws.

5. Membership Application and Waitlist

Access to Listing is membership-based and subject to approval. By submitting an application:

You certify that you are who you claim to be and provide truthful information

You acknowledge that approval is at our sole discretion

You may be placed on a waitlist before gaining full access

We reserve the right to verify your professional credentials

6. Payment and Subscription Terms

Listing currently operates on a waitlist model. Future subscription tiers may include:

Basic Membership: Limited access to core features

Premium Membership: Full access to all features and tools

When subscription billing is introduced:

Subscriptions will renew automatically unless cancelled

Billing occurs at the start of each billing cycle

You are responsible for all charges incurred under your account

Refunds are provided only in cases of billing errors or fraud

We reserve the right to change pricing with 30 days' notice

7. User Content and License

You retain ownership of all content you upload to our Services ("User Content"), including profile information, photos, and other materials. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

Display, store, and distribute your User Content as part of the Services

Create derivative works for service improvement (with consent)

Use aggregated, anonymized data for analytics and insights

You represent and warrant that:

You own or have the necessary rights to all User Content

Your User Content does not violate any third-party rights or applicable laws

Your User Content is accurate and not misleading

8. Prohibited Conduct

You agree not to:

Use the Services for any illegal purpose or in violation of any laws

Impersonate any person or entity or misrepresent your affiliation

Harass, abuse, or harm other users

Upload malicious code, viruses, or harmful content

Scrape, crawl, or use automated tools to access the Services

Reverse engineer, decompile, or attempt to extract source code

Interfere with or disrupt the Services or servers

Use the Services to send spam or unsolicited communications

Collect or harvest user data without consent

Create multiple accounts to circumvent restrictions or bans

9. Intellectual Property Rights

The Services, including all software, design, text, graphics, logos, and other content (excluding User Content), are owned by Listing Systems LLC and protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of our Services without prior written consent.

10. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or integrations (e.g., Google Maps, OpenAI). We do not control or endorse these third-party services and are not responsible for their content, privacy practices, or terms of service.

Your use of third-party services is subject to their respective terms and conditions. We encourage you to review those terms before using any third-party service.

11. Disclaimers and Warranties

THE SERVICES ARE 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.

We do not guarantee that:

The Services will be uninterrupted, secure, or error-free

The results obtained from using the Services will be accurate or reliable

Any defects or errors will be corrected

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING SYSTEMS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Listing Systems LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Services

Your User Content

Your violation of these Terms

Your violation of any third-party rights

14. Dispute Resolution and Arbitration

Informal Resolution: Before filing a claim, you agree to contact us at operations@listing.systems and attempt to resolve the dispute informally for at least 60 days.

Binding Arbitration: If we cannot resolve the dispute informally, you agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in Wilmington, Delaware, unless otherwise agreed.

Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to us within 30 days of accepting these Terms.

15. Termination

We may suspend or terminate your account and access to the Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination:

Your right to access and use the Services will immediately cease

We may delete your User Content and account data

You remain liable for any outstanding obligations

You may terminate your account at any time by contacting us at operations@listing.systems.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction of those courts.

17. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Statute of Limitations: Any claim arising out of these Terms must be filed within one (1) year after the claim arose, or it will be permanently barred.

18. Contact Information

If you have questions about these Terms, please contact us:

Email: operations@listing.systems

Address: 355 South Dupont Highway, Dover, DE 19901