We strive to keep our legal terms as clear and straightforward as possible, but these terms are still necessary.
Please read these Terms of Service (“Terms”) carefully. By using Prelist.io (the “Site”), Prelist’s software, or signing up for an account, you’re agreeing to these Terms. This is a legally binding agreement.
Your use of the Prelist Service is based on the license of Prelist’s Intellectual Property to you. We grant you a limited, non-transferable license to use Prelist’s Intellectual Property in accordance with the terms of this Agreement for as long as you are a Member. Prelist reserves all rights in the Intellectual Property not expressly granted to you.
2.1. If you choose to use Our Service, you represent that you have full power, capacity, and authority to accept these Terms.
2.2. You affirm that you are at least eighteen (18) years of age or possess legal parental or guardian consent, and you agree to abide by and comply with these Terms of Service.
2.3. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
2.4. You must personally and manually create your account without using any automated means aside from the auto-complete feature in your web browser. A third party may not create an account for you, and you must not allow any third party to use your information to create an account.
2.5. You must provide your legal full name, valid email address, and any other information we request to complete your account-signup process.
2.6. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation.
2.7. The purchase, sale, assignment, or transfer of any accounts is prohibited.
2.8. You are responsible for your own conduct and activities on, through, or related to Our Service. If you create an account to use Our Service, you are responsible for all conduct or activities on, through, or by use of your account. You must immediately notify us of any unauthorized use of your account.
3.1. We or You may terminate this Agreement at any time by giving notice to the other party. We may suspend our Service to you at any time, with or without cause.
3.2. Only if we terminate your account without cause, will we refund you a pro-rated portion of any pre-payment plan. If your account is terminated, we may permanently delete your account and all data associated with it from our Site.
3.3. If you don’t log in to your account for twelve (12) or more months, we may treat your account as “inactive” and permanently delete the account and all data associated with it.
4.1. Monthly Service Plan payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment. You must terminate your Monthly Service Plan at least twenty-four (24) hours prior to the next monthly due date in order to avoid being charged for that month.
4.2. As long as you’re a Monthly Service Plan member or have an outstanding balance with us, you’ll provide us with a valid payment source and authorize us to deduct the monthly charges against that payment source. You’ll replace the information for any payment source that expires with information for a different valid payment source. Anyone using a payment source represents and warrants that they are authorized to use that payment source, and that any and all charges may be billed to that payment source and won’t be rejected. If, for some reason, we’re unable to process your payment, we’ll try to contact you by email so you may provide us with an alternate payment source. Payment sources include Credit Cards or any other means which We deem acceptable. Failure to perform payment shall constitute a material breach of this Agreement.
4.3. You can cancel your membership at any time, and you will continue to have access to the Service through the end of your pre-paid billing cycle. We do not provide refunds or credits for any partial membership periods.
4.4. We reserve the right to change our subscription plans or adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
Prelist does not cover any fees associated with listing, posting, or uploading products to sales channels that have such fees. For example, Etsy charges a 20¢ listing fee for each listing posted. You are responsible for all fees and charges imposed by the sales channels you choose to use with our Service.
We may change the terms of this Agreement or our pricing at any time by posting the changes to this Site or notifying you by email.
Prelist may use and disclose your information according to our Privacy Policy. The terms of Our Privacy Policy are incorporated into these Terms of Service by reference.
8.2. Upload, post, email, or otherwise transmit any material that contains software viruses and/or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
8.3. Send or transmit pornography or other sexually explicit communications, communications offering to sell illegal goods or services, communications that violate CAN-SPAM laws, or marketing or commercial communications without permission;
8.4. Infringe on any third party’s ownership rights by using any material in your transmissions or uploads that is not owned or licensed by you. This includes text, photos, graphics, and other content;
8.5. Use any misleading or incorrect names, addresses, email addresses, subject lines, photographs, content, or other information on the Website or in any communications or transmissions sent using Our Service;
8.6. Breach or circumvent any laws, third party rights, or our systems, policies, or determinations of Your account status;
8.7. Use any robot, spider, scraper, or other automated means to access our Service for any purpose;
8.8. Harvest or otherwise collect information about members without their consent; and
8.9. Upload or transmit harassing, offensive, obscene, defamatory, threatening, or malicious content or communications.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, PRELIST OFFERS THE SITE AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE AND/OR ITS SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRELIST DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL PRELIST, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (the “PRELIST TEAM”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE PRELIST TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID TO US THE MONTH BEFORE.