Through the Lisuto AI service, you can submit, through designated areas of the Website, certain data and content such as text and images (the “Input Data”) about your products (the “Products”) you wish to list on selected third party e-commerce marketplaces (the “Marketplaces”). The Lisuto AI service then applies its data extraction technology to generate category classifications, product attributes, product information structuring, tags, tag multilingualizations, marketplace category mapping and product catalog information (the “Output Data”), for use on the Marketplaces designated by the user (the “Service”). The quality of the Output Data may vary depending on the nature, type, quality and content of the Input Data, the data requirements of the relevant Marketplace, and target markets identified by the User.
Lisuto AI reserves the right to modify or otherwise revise the Service at any time and may stop providing the Service at any time without any notice or obligation to you.
To access and use the Service, you must register an account with Lisuto AI via the Website, by providing your full legal name, current address, phone number, a valid email address, payment details and any other information as may be requested by Lisuto AI. Lisuto AI may, in its sole discretion and for any reason, reject your application for an account, or cancel an existing account you maintain.
You may select a rate plan from the listed options, which may be updated from time by Lisuto AI. You may change your rate plan by selecting another plan on the website, prior to the conclusion of a calendar month.
The use of the Service is subject to payment of fees as set out in the rate plan you select. Your rate plan will include a fixed subscription fee component, a variable component with respect to specific features and usage limits of the rate plan and excess charges in the event the usage limits are exceeded (the “Fees”). To the extent permitted by law, the Fees are exclusive of applicable all taxes, levies and duties (including value added tax, sales tax, goods and services tax, etc.).
You will be charged the Fees on a monthly basis, by no later than the 10th business day of each calendar with respect to your usage for the previous calendar month, against the billing information you provide us. An invoice for the Fees will be delivered to your registered email and account. There are no refunds or credits for partial months of Service or rate plan downgrades.
If you do not provide your credit card or other billing information to Lisuto AI, or any other information or documents as requested by Lisuto AI for the purpose of verifying your identity and the nature of your business, and/or fail to pay the Fees as required, your account may be suspended or terminated, without notice, until payment and verification information and charge authorization are provided and approved by Lisuto AI.
You agree that you will not under any circumstances:
Lisuto AI takes no responsibility and assumes no liability for your Products or for any Input Data that you or any other User or third party submit to the Website. Lisuto AI does not, and cannot, pre-screen or monitor the Input Data, and we have no obligation to do so. You are responsible for the accuracy and content of your Input Data. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
You agree that you will not submit Input Data that:
You agree to protect the Service, the Output Data and the related information and other materials, from any unauthorized access or use, and you agree that you will not use the Service or such proprietary content, information or other materials except as expressly permitted herein or otherwise expressly authorized in writing by Lisuto AI. Except as specifically permitted herein or expressly authorized in writing by Lisuto AI, you agree that you will not directly or indirectly:
(a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Website, the App, or the Service in any unauthorized manner; or
(b) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify, in any form or manner or by any means, the Website, the App, or the Service, or any part thereof.
You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Service; (ii) use any means to discover the trade secrets in the Service; or (iii) otherwise circumvent any functionality that controls access to or otherwise protects the Service. Any attempt to do any of the foregoing is a violation of the rights of Lisuto AI and its affiliates and licensors. If you breach these restrictions, you may be subject to prosecution and damages.
All text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content that you see or read through the Service and the underlying software relating to the Service (collectively, the “Proprietary Material”) is owned by Lisuto AI, or its affiliates or licensors. As between you and Lisuto AI, Lisuto AI owns all Proprietary Material, as well as the coordination, selection, arrangement, translation and enhancement of such Proprietary Material as a collective work under all applicable copyright rights and other intellectual property rights of any applicable jurisdiction. The service marks and trademarks of Lisuto AI are owned by Lisuto AI or its affiliates.
You hereby acknowledge that any and all (i) suggestions for correction, change and modification to the Service and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Lisuto AI by you (collectively “Feedback”), and all related (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Lisuto AI or otherwise relating to Service (collectively, “Revisions”), are and will remain the property of Lisuto AI. You authorize Lisuto AI to treat any Feedback as non-confidential and non-proprietary. You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback or any related Revisions. All Feedback and Revisions shall be the sole and exclusive property of Lisuto AI and Lisuto AI may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Lisuto AI any and all right, title and interest (that you may have in and to any and all Feedback. At Lisuto AI’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
The Website may contain links to other websites and apps, including the Marketplaces (“Third Party Services”). We may add or remove any links to Third Party Services from our Website at any time without notice.
Third Party Services are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Services accessed through the Website or App posted on or available through the Website or App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Services. Inclusion of, linking to or permitting the use of any Third Party Services does not imply approval or endorsement thereof by Lisuto AI. If you decide to leave the Website or App and access the Third Party Services, you do so at your own risk and you should be aware that our terms and policies no longer govern.
Please remember that the manner in which the Marketplaces use, store and disclose your information is governed solely by the policies of such Marketplaces. You should review the applicable terms and policies of any Third Party Services, including privacy and data collection practices. We shall have no liability or responsibility for the privacy practices or other actions of any Third Party Services or any other third party site or service that may be enabled within the Service.
The Service, the Website and/or the App may be unavailable from time to time for maintenance or for other reasons, and Lisuto AI makes no guarantees of uptime, response time or availability. Lisuto AI shall have no responsibility for any interruption, connection failure, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any content made available via the Service, the Website or the App.
ALL USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE, THE OUTPUT DATA AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE OR APP OR VIA THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY.
WITHOUT LIMITING THE FOREGOING, NEITHER Lisuto AI NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS AND OUTPUT DATA THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. NEITHER Lisuto AI NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEITHER Lisuto AI NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.
Lisuto AI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE, OR ANY THIRD PARTY SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY PROPRIETARY CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, REGISTRATION INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
Lisuto AI DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Lisuto AI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Lisuto AI OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS OR LOST DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE SERVICE, THE OUTPUT DATA OR ANY OF THE WEBSITE OR APP CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE OR APP, EVEN IF Lisuto AI IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, Lisuto AI SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO THE DISCLOSURE OR DISPLAY OF ANY CONTENT YOU SUBMIT TO THE SERVICE OR FROM ANY INTERACTIONS WITH Lisuto AI OR ANY OTHER USE OF THE SERVICE.
IN NO EVENT SHALL Lisuto AI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED US$250. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
If you have a dispute with any other third party, including any Marketplaces, resulting from or arising out of or in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void.
If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed by the laws of Japan without regard to or application of its conflict of law provisions, and will be brought solely in Tokyo District Court. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to Lisuto AI in your completed registration or as updated by you and on file with Lisuto AI. Any notices or communication required or permitted to be given to Lisuto AI shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:
228 KDX Bldg. 9F,
2-2-8 Roppongi, Minato-ku, Tokyo, 106-0032, Japan
Email Address: email@example.com
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.
Please be aware that when accessing the Service via the Website (on a mobile device) or App, your carrier’s normal messaging, data and other rates and fees may apply. You should check with your carrier to find out what plans are available and how much they cost.