Seller Terms
These Seller Terms and Conditions govern the binding agreement between the Seller and the unloved AI marketplace for the offering and sale of services on The Platform. By listing services on the Platform, the Seller shall be bound by these Seller Terms and by the General Terms for all Users available at unlovedai.com/legal/terms. In the event of any inconsistency between these Seller Terms and the General Terms, the General Terms shall prevail to the extent of the inconsistency.
1. Definitions and Interpretation
In this document, unless the context requires otherwise, the following definitions apply:
- “Platform” means the Marketplace website, mobile applications and any related services operated by the Marketplace.
- “Listing” means a Seller’s published offering of a service on the Platform, including all associated descriptions, terms, pricing and delivery details.
- “Buyer” means any person or entity purchasing a Service from a Listing via the Platform.
- “Agreement” means these Seller Terms together with the General Terms for all Users and any applicable policies or guidelines published by the Marketplace.
2. Listing Submission and Information Accuracy
2.1 The Seller shall ensure that all information provided in relation to any Listing is accurate, complete, current and verifiable, and shall promptly update any information that becomes inaccurate or outdated.
2.2 The Seller shall ensure that any representations, claims or guarantees made in relation to a Listing are truthful and capable of verification through reasonable evidence.
3. Identity Verification
The Marketplace shall have the right to request identity verification from the Seller at any time. The Seller shall comply with all reasonable verification requests within a timeframe specified by the Marketplace. Failure to comply shall constitute grounds for suspension or termination of access to the Platform and/or removal of Listings.
4. Rejection of Listings
The Marketplace shall have the right to reject or remove any Listing at its sole discretion and without obligation to provide reasons. The Seller shall not make any claim against the Marketplace arising from such rejection or removal.
5. Platform Usage Rights and Eligibility
The Marketplace shall have the right to determine platform eligibility and usage for each Seller. The Marketplace shall have the right to impose conditions including, but not limited to, social verifiability, product/service quality standards, performance metrics, or other criteria deemed appropriate by the Marketplace. Not all users shall be enabled to sell on the Platform at all times, and such determinations shall be final and binding.
6. Hosting and Delivery Obligations
The Seller shall provide hosting for their Services where possible and practicable. Where hosting is provided by the Marketplace or a third party on behalf of the Platform, the Seller shall comply with the applicable hosting terms. The Seller remains primarily responsible for the delivery and performance of the Services described in each Listing.
7. Prohibition of Malicious Content
The Seller shall not upload, transmit, or disseminate any virus, malware, spyware, ransomware, or any other malicious code or material through the Platform. The Marketplace shall have the right to pursue damages and injunctive relief against the Seller for any breach of this prohibition, including costs of remediation and any losses incurred by Buyers or the Marketplace.
8. Limitation on Similar Listings
The Marketplace shall have the right to limit, restrict, or curate Listings that are substantially similar to existing Listings to avoid market saturation or misrepresentation. The Marketplace’s determination of similarity shall be binding and final.
9. Accuracy to Buyers and Interested Parties
The Seller shall provide accurate information to Buyers and any interested parties interacting with Listings, including but not limited to scope, deliverables, timelines, pricing, and terms of service. The Seller shall ensure that all communications are clear, non-deceptive and non-misleading.
10. Responsiveness and Communication
The Seller shall respond promptly to inquiries from Buyers and the Marketplace. The Marketplace shall have the right to remove or suspend a Seller’s Listings if the Seller fails to respond to legitimate communications within a reasonable period, as determined by the Marketplace, which shall be final and binding.
11. Limitation of Liability
11.1 The Marketplace shall have no liability for any information, content, Listings or services provided on the Platform, except to the extent expressly stated otherwise in this Agreement or as required by applicable law.
11.2 The Marketplace’s aggregate liability for any claims arising under or in connection with the Platform and these Terms shall be limited to the amounts actually paid to the Marketplace by the claimant within the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies to all theories of liability, including breach of contract, negligence, and misrepresentation.
11.3 To the maximum extent permitted by applicable law, the Marketplace shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with these Terms or the use of the Platform, regardless of whether such damages were foreseeable. This limitation applies even if the Marketplace has been advised of the possibility of such damages.
12. Indemnity
The Seller shall indemnify, defend, and hold harmless the Marketplace, its officers, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Seller’s Listings, statements, or activities on the Platform; (b) violation of law, intellectual property rights, or these Terms; or (c) any breach of any representation, warranty or obligation of the Seller under this Agreement.
13. General Terms Compliance
The Seller shall comply with the General Terms for all Users available at /legal/terms. In the event of inconsistency, the General Terms shall prevail to the extent of the inconsistency. The Seller acknowledges and agrees to be bound by all applicable policies, guidelines, and rules published by the Marketplace from time to time.
14. Assignment and Transfer
The Marketplace shall have the right to assign, transfer, or novate this Agreement, in whole or in part, to any Affiliate, successor, or third party without notice. The Seller shall not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Marketplace, except as permitted by this provision.
15. Termination and Suspension
The Marketplace shall have the right to terminate or suspend the Seller’s access to the Platform and terminate this Agreement at any time without notice and without liability for any reason, including without limitation for violation of this Agreement, violation of law, or actions that the Marketplace reasonably believes could harm Buyers, the Platform, or its reputation. Upon termination, all Listings shall be removed and the Seller shall cease all use of the Platform.
16. Availability and Maintenance
The Marketplace does not guarantee uninterrupted, secure or error-free access to the Platform. The Platform may be unavailable or experience downtime from time to time for maintenance, updates, or other operational reasons. The Seller acknowledges that such interruptions shall not constitute a breach of this Agreement.
17. No Warranty of Site Availability or Uptime
The Marketplace makes no representation or warranty regarding site availability or uptime, and the Seller acknowledges that downtime, outages, and other interruptions may occur without liability to the Marketplace.
18. Marketplace Liability
To the maximum extent permitted by law, the Marketplace shall not be liable for any loss or damage arising out of or in connection with (i) the use of the Platform by any Seller or Buyer, (ii) any Listing or Service, (iii) any acts or omissions of third parties, or (iv) any dispute between a Buyer and a Seller. The foregoing shall apply regardless of the form of action, whether in contract, tort, or otherwise.
19. Risk and Compliance
The Seller acknowledges and agrees to comply with all applicable laws, regulations and standards in connection with its Listings and the provision of Services. The Seller shall not engage in any conduct that could reasonably be construed as deceptive, misleading, or fraudulent. The Marketplace reserves the right to take any action it deems appropriate to enforce compliance, including removal of Listings or termination of this Agreement.
20. Intellectual Property
Each party retains ownership of its own intellectual property. The Seller grants the Marketplace a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, display and promote the Listings solely in connection with operating, marketing and improving the Platform, and only for so long as the Listings remain on the Platform or as otherwise permitted by applicable law or these Terms.
21. Notices
Any notices under this Agreement shall be in writing and shall be delivered via the Platform’s messaging system or to such other addresses as the Marketplace may designate from time to time. Notices sent shall be deemed received upon transmission or as otherwise provided by the Platform.
22. Entire Agreement; Severability
This Agreement, together with the General Terms for all Users, constitutes the entire agreement between the Seller and the Marketplace regarding the subject matter hereof and supersedes all prior and contemporaneous agreements. If any provision is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
23. Entire Agreement and Overrides
The Seller acknowledges that these Terms shall be binding on the Seller upon acceptance by the Marketplace through the Platform or upon the Seller’s continued use of the Platform after such acceptance. To the extent of any inconsistency with any other agreement between the Seller and the Marketplace, these Terms shall prevail solely with respect to the subject matter herein.
24. Acceptance
By continuing to list, maintain, or modify Listings on the Platform, the Seller shall be deemed to have irrevocably accepted and agreed to be bound by these Seller Terms and the General Terms for all Users.