These Terms and Conditions constitute a binding and enforceable legal contract between Listly and you. If you do not agree to these terms of service, please do not enter, connect to, access or use the Listly website and/or services.
The following terms shall be defined as follows:
“Service” — Web and other software applications including additional services developed and provided by Listly.
“Provider” — The company Listly, the provider of services.
“User” — Persons who have accessed the site operated by the provider, agreed to the terms of service, and registered on the site, including those accessing paid and/or contracted services.
“Customer” — Users who have paid for individual licenses, including contracted individuals or unincorporated/corporate legal entities.
“User Information” — Information input by users in the form of usernames (ID), passwords, signatures, addresses, phone numbers, etc., and may also include data generated through the use of provided services.
“Collected Information” — Data that is stored on our servers during regular use and may include data not directly input by the user.
“Usage Agreement” — The process of agreeing to the terms and contracting with the provider in order to use their services.
"User Contract" — The contract between the customer and the provider, made following the verification of costs and services provided during member signup and payment method input on the provider's website.
"Service Cancellation" — The termination of the user contract following violation of contract terms by the provider or user.
Any terms not defined above shall be interpreted as set forth in relevant laws and service policies, and any legal/service questions pertaining to these terms are to be resolved according to standard local legal practices in the regions of the provider and user.
Applicability of Terms
The terms specified in this document are considered effective as posted on the provider web page, with users being subject to these terms immediately following the consent process for provided services. This agreement is completed as the customer enters financial information and the pays relevant service fees.
If it is necessary for the Terms and Conditions to be amended, users will be subject to the amended terms from the date they are made effective. If the provider revises these terms the date of implementation and the reason for the amendment shall be announced on or before the effective date and, in the event of important or financially relevant revisions, you will be will be notified on the website or by email at least 30 days in advance.
Members who object to changes made to this agreement may withdraw their membership or terminate this agreement. If users do not withdraw within 7 days, or if they continue to use services provided they will be considered as having accepted the revised agreement.
The user agreement is considered effective when the user begins using any service provided by Listly.
The terms of service are considered effective when the user chooses and applies for a paid-for service and completes the process of entering financial information and paying for the service.
Before final payment is submitted for any service the terms of service and payment policies are available for review.
In certain cases, agreements other than the standard Terms and Conditions agreement may be arranged. For separate contracts that are not made on the web page, the user rights and responsibilities from the web page also apply, however the private agreement will take priority.
Your permission to use the Service is conditioned upon the following restrictions and conditions.
You agree that you will not:
- Steal information or provide false information;
- Use our services in an intentionally disruptive or harmful way, including promotion/distribution of adult content, illegal gambling, distribution/possession of copyrighted/sensitive materials, etc. (These guidelines will be strictly enforced);
- Use our services in a way damaging to the provider, for fraudulent purposes, or for commercial purposes other than those you agree to;
- Exploit any technical defects in our service, including modifying or hacking the service network and/or gaining unauthorized administrative access to the site/network;
- Interfere or attempt to interfere with the service or site of the provider;
- Share our services or your login information with others in an unauthorized manner;
- Use another user’s account without permission;
- Decompile, disassemble, or reverse engineer any portion of the Listly website/service software;
Although you agree to the Terms and Conditions, the provider may terminate the agreement in any of the following circumstances if:
- You take any prohibited actions (listed above);
- Login information or private contract information is sold illicitly;
- You alter the provider website or published information, or use provider services in an illicit way;
- Other users' personal information is collected or stored;
- Other users’ personal login information is hacked or stolen;
- You use information obtained through the service for purposes unrelated those specified in the Terms and Conditions without the prior express consent of the provider including, but not limited to, using information for publication, broadcasting, etc., or providing it to a third party;
- Businesses or entities with more than one person use a personal license for business purposes (individuals belonging to a company or organization are not restricted in their use of personal licenses for individual purposes);
Refunds following the termination of a user agreement are conducted as follows:
- Refunds are not issued for services past the date of agreed use.
- Refunds are not given to users whose violated the Terms and Conditions of their own volition.
- Additional fees incurred during checkout are not refundable.
- Previously expended payments (payments made for services received in the past) are not refundable.
Regarding refunds for unused funds:
- If paid services are used once or more during the current pay-period, the current month’s payment will be considered as expended. Not including expended funds, any funds paid in advance for future months will be refunded.
- The last day of the monthly payment period is the 30th day of the month. Following this day refunds cannot be issued, including cases in which funds were added but services were no used.
- • The refundable amount is equal to the standard monthly payment amount stipulated in the financial agreement made when funds are first added. This is regardless of any promotions the customer applied when entering into the contract, and all customers will be subject to the same refund calculation method.
For example, a customer who purchases a regular $30 price per-month yearly subscription plan, and a customer who purchases the same plan at a promotional price of $20 price per-month will both have the regularly contracted $30 per-month deducted from their refund depending on how many months have passed.
- In the case of a refund request, if your account balance is less than zero, the contract will be terminated without a refund and you will be notified.
- Separate from the monthly payment, the "account setup fee" will not be refunded if 14 days have passed since you made the account.
User rights and obligations
You may contact the provider about service related issues or questions, however the provider is not bound to respond to all inquiries.
As customers it is your right to demand that services be properly rendered according the terms of service and applicable laws.
Users are asked to alert the provider if they encounter any technical issues or critical weaknesses in the service.
You must be truthful in your submission of personal information and contract signings. If you register false or incorrect information, you may forfeit legal rights, and the provider will not be liable for any damages incurred.
If personal information that is essential to the usage agreement changes, such as your email address, you are responsible to update the relevant information on the provider website.
You are responsible for maintaining the confidentiality of your login and password information. The company will not be held liable for any problems caused by negligent management of this information.
You affirm that you will comply with the Terms and Conditions of the user agreement.
Listly provides services in good faith according to the stipulations set forth in this agreement.
The provider is required to maintain and repair equipment, and in the event of a failure or service outage must do their best to make speedy corrections and preserve user data.
We strive to ensure a convenient experience for you while we keep our end of the Terms and Conditions agreement.
Limitations of Liability
The provider will not reimburse users for any failure that occurs during regular use which directly or indirectly result in damages. You should be aware of the possibility of failure and the limitations of the service and should plan and use the service accordingly.
The provider has no obligation to store and manage the user's usage history, and users must back up needed usage history regularly.
The provider shall not be liable for any specific content that is not determined by the details of the user contract.
The provider shall not be liable if services cannot be provided due to war, natural disasters, national emergencies, and/or other technical defects that are outside of the provider’s immediate power to resolve.
The provider shall not be liable for the interruption/failure of services due to reasons attributable to the user.
The provider shall not be liable for any damages incurred to the user due to outages and/or problems occurring in ISP or mobile provider networks that prevent users from accessing services.
Users of the free service are not eligible to receive compensation for any damages. However, in the case of damages incurred due to the company's intentional or gross negligence, legal steps for recompense or settlement may be taken.
Personal Data and Intellectual Property
The provider does not use user information entered by the user without permission and only sends promotional emails if users agrees to receive them. We may collect user PC specification information to detect errors during service and provide greater stability.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the website and service (except for user content, third-party content, and public domain content), including applicable copyrights, trademarks, and other proprietary rights. Listly reserves all rights that are not expressly granted to you under these Terms and Conditions.