Terms of Service

Welcome to AVE7LIFT™ (“Platform”). These Terms of Service (“Terms”) govern your access to and use of the SaaS software services (“Services”) provided by Avenue7Media, LLC (“Company,” “we,” or “us”).

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Platform.

Company Legal Address: Avenue7Media, LLC, 17503 La Cantera Parkway, Suite 104-506, San Antonio, TX 78257, USA.

1. Definitions

   
   1.1. “AVE7LIFT™” refers to Avenue7Media’s patent-pending proprietary software-as-a-service (SaaS) platform, designed to help merchants manage product sales across multiple e-commerce channels using rules-based and generative artificial intelligence.
   
   1.2. “Platform” means the AVE7LIFT™ software platform, including all software, modules, tools, and features provided through our cloud-based service.
   
   

   1.3. “Services” refers collectively to your access to and use of the Platform, including all software, features, modules, tools, and any associated in-platform support services, but excluding separate Client Services.
   
   

   1.4. “Client Services” refers to professional or managed services provided by the Company outside the Platform's core functionality, including, without limitation, account reinstatements, compliance consulting, catalog or listing optimization, advertising management, strategy consulting, or full-service account management. Client Services are governed by separate written agreements or service terms, even when requested or accessed through the Platform. Client Services may be subject to separate fees, service scopes, and service-level expectations as defined in the applicable agreement.
   
   

   1.5. “User” means any individual or entity who accesses or uses the Platform.
   
   

   1.6. “Account” refers to the unique login credentials and account assigned to a single, named User.
   
   

   1.7. “Subscription” means the recurring, paid access plan for use of the Platform, which renews automatically unless canceled.
   
   

   1.8. “Content” refers to any data, information, or materials uploaded to, processed by, or resulting from use of the Platform.

   
   
   
   

2. Use of Platform

   
   2.1. License Grant: Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform for your internal business purposes only.
   
   

   2.2. User Control of Automation: Any automated actions, rules, or recommendations generated by the Platform are executed based on settings and approvals configured by the User. You remain responsible for reviewing and managing all automation settings and outcomes.
   
   

   2.3. AI-Generated Insights: The Platform may generate insights, recommendations, or automated outputs using algorithmic, rules-based, or generative artificial intelligence systems. These outputs are provided for informational and analytical purposes only. The Company does not guarantee the accuracy, completeness, or suitability of any AI-generated insights for specific business decisions. You are solely responsible for evaluating and determining whether to act upon any outputs generated by the Platform.
   
   

   2.4. Prohibited Activities: You may not copy, modify, reverse engineer, decompile, or attempt to extract source code from the Platform.
   
   

   2.5. Marketing Rights: You grant the Company the right to reference your company name as a user of the Platform in marketing materials, presentations, and customer lists. The Company may use your company logo for such purposes in accordance with your publicly available brand guidelines, unless you opt out by providing written notice to legal@avenue7media.com. You also consent to receive non-transactional (e.g., promotional or marketing) emails from us. You may opt out of such communications at any time by clicking the “unsubscribe” link included in the footer of marketing emails, or adjusting your email preferences via your Account Settings within the Platform.
   
   

   2.6. Client Services Exception: Access to and use of Client Services is governed by separate agreements with mutually agreed-upon scope, terms, and fees.
   
   
   
   

3. Eligibility

   
   3.1. Age and Capacity Requirement: You must be at least 18 years old and legally capable of entering binding contracts to use the Platform.
   
   
   
   

4. Account Registration and Security

   
   4.1. Accurate Information: You must create an account with accurate, current information to access the Platform.
   
   

   4.2. Account Authority: If you access or use the Platform on behalf of a business, brand, client, or other third party, you represent and warrant that you have the authority to bind that entity to these Terms and to grant the permissions required for the Platform to access and process the associated account data. You are responsible for ensuring that all necessary authorizations have been obtained before connecting third-party accounts or data sources to the Platform.
   
   

   4.3. Single User License: Each license is assigned to a single, named individual and may not be shared or transferred.
   
   

   4.4. Non-Transferable Credentials: Login credentials are strictly non-transferable.
   
   

   4.5. User Responsibility: You are responsible for maintaining the confidentiality of your account credentials and all activity occurring under your account.
   
   
   
   

5. Fees and Payment

   
   5.1. Subscription Basis: Platform access is provided on a subscription basis, with fees outlined at the time of purchase. All fees are non-refundable unless expressly stated otherwise.
   
   

   5.2. Additional Services & Authorization: By selecting or confirming any in-platform purchase of Client Services or add-on features, including any action labeled “Fix It,” “Fix it for Me,” “Get it Fixed,” or similar, you authorize the Company to charge the payment method associated with your Account for the applicable fees. These fees are separate from your Subscription fees and will be charged immediately upon confirmation.
   
   

   5.3. Automatic Renewal: Subscriptions automatically renew monthly unless canceled in accordance with Section 12 of these Terms. We do not send renewal emails with each billing cycle, but you can view your subscription status at any time via your Account Settings within the Platform.
   
   

   5.4. Free Trials and Discounts: The Company may, at its sole discretion, offer free trial periods or discounted access, including to existing clients. Trial access, if granted, will convert automatically to a paid subscription at the end of the trial term unless canceled prior to renewal.
   
   

   5.5. Late Payments: Late payments may result in suspension of access, and overdue amounts may accrue a late fee of 1% per month (or the maximum amount permitted by law).
   
   

   5.6. Payment Failure and Suspension: If a payment cannot be successfully processed for any reason, including declined charges, expired payment methods, or billing errors, the Company may suspend or restrict access to the Platform until payment is successfully processed. Suspension of access due to non-payment does not constitute a breach of these Terms, and the Company will not be liable for any loss of access, data availability,  profits, revenue, business opportunities, data, goodwill, or functionality resulting from such suspension. The Company may also require payment of all outstanding amounts before restoring access to the Platform.
   
   

   5.7. Chargebacks and Payment Disputes: If you initiate a chargeback or payment dispute for any Subscription or Service fee without first contacting the Company to resolve the issue, the Company may immediately suspend access to the Platform while the dispute is pending. You agree that initiating a chargeback does not cancel your Subscription or relieve you of any payment obligations owed under these Terms. The Company reserves the right to recover any outstanding amounts, chargeback fees, and administrative or legal costs associated with resolving such disputes.
   
   

   5.8. Pricing Changes: We may update pricing for future billing periods by providing notice within the Platform or via direct email prior to the next billing cycle. Pricing changes will not apply retroactively.
   
   

   5.9. Downgrades: If you downgrade your subscription tier during the billing cycle, the current billing amount will remain unchanged until the next billing cycle begins. The new, lower tier will take effect at the beginning of the following billing period. All enrolled ASINs will continue to be monitored through the end of the current billing cycle.
   
   

   5.10. Cancellations: Cancellation is governed by the “Termination” section of these Terms.
   
   
   
   

6. Intellectual Property

   
   6.1. Ownership: AVE7LIFT™ is a proprietary, patent-pending software platform. Unauthorized use or duplication of any part of the Platform may violate pending intellectual property rights.
   
   

   6.2. Retention of Rights: The Company retains all rights, title, and interest in and to the Platform, including all improvements, derivative works, and any feedback submitted by Users.
   
   

   6.3. Feedback Use: You may submit feedback or suggestions, which the Company may use freely without compensation or obligation.
   
   

   6.4. User Data Rights: You retain ownership of your own data. The Company may use anonymized, aggregated data for internal analytics and product improvement. We do not sell User Data without consent. We will not disclose User Data to third parties except as necessary to provide the Services, comply with legal obligations, or as otherwise described in our Privacy Policy.
   
   

   6.5. AI Model Training and Output Rights: The Platform may use artificial intelligence systems to generate insights, recommendations, or other outputs based on data processed through the Services. Unless expressly stated otherwise, User Data is not used to train public or shared AI models. Outputs generated by the Platform are provided to you for use in connection with your business operations. The Company retains all rights in the underlying software, algorithms, and AI models used to generate such outputs.
   
   
   
   

7. Beta Features

   
   7.1. Beta Program: From time to time, we may offer access to certain features, functionality, or services that are in beta, pilot, or pre-release form (“Beta Services”). Beta Services may be modified, discontinued, or converted to paid features at any time. If you choose to access or use any Beta Services, you agree to the following additional terms:
   
   As-Is & No Warranty: Beta Services are experimental and provided "as-is," without warranties of any kind, express or implied. We make no guarantee that Beta Services will be available, functional, or error-free.

   
   Changes & Termination: We may modify, suspend, or terminate your access to Beta Services at any time, with or without notice.
   
   

   Feedback: You agree that any feedback, ideas, or suggestions you provide may be used by us without restriction or compensation. You grant us a perpetual, worldwide, irrevocable, royalty-free license to use and incorporate such feedback.
   
   

   Confidentiality: You agree not to disclose the existence, features, or performance of the Beta Services to any third party without our prior written consent.
   
   

   No Liability: We shall not be liable for any damages or losses arising from your use of Beta Services.

   Acknowledgement: By accessing or using any Beta Services, you acknowledge and agree to these terms in addition to our standard Terms of Service.

   
   7.2. Pricing Changes: The Company will provide notice of any pricing changes prior to the next billing cycle.
   
   Acceptance of Changes: Continued use after such notice constitutes acceptance of the changes.
   
   
   
   

8. Acceptable Use

   
   8.1. Prohibited Uses: You agree not to:
   
   

   Use the Platform for unlawful, fraudulent, or unauthorized purposes;
   
   

   Engage in manual or automated scraping or harvesting of Platform data;
   
   

   Infringe upon or violate the rights of others through the Platform.
   
   

   8.2. Marketplace Compliance: You are solely responsible for complying with the terms, policies, and requirements of any third-party marketplaces or platforms with which you connect the Platform, including, without limitation, Amazon Seller Central, Walmart Seller Center, and other ecommerce marketplaces. The Company does not control and is not responsible for any enforcement actions taken by such platforms, including account suspensions, listing removals, policy violations, or other restrictions that may affect your account or product listings.
   
   
   
   

9. User Data & Privacy

   
   9.1. Privacy Policy Compliance: We collect, use, and protect your data in accordance with our Privacy Policy (incorporated by reference). For full details, review our Privacy Policy.

   
   9.2. License to Process Data: You grant us a limited license to process your data solely to provide and improve the Services.
   
   9.3. Usage Data: The Company may collect and analyze anonymized usage data and operational metrics related to how the Platform is used. This information may be used to operate, maintain, improve, and enhance the Services. Usage data will not include User Data or personally identifiable information in identifiable form.

   
   9.4. Data Security: We implement commercially reasonable administrative, technical, and organizational measures designed to protect User Data. However, no internet-based service or data transmission system can be guaranteed to be completely secure. You agree that data transmitted through the Platform is provided at your own risk. You are responsible for maintaining the confidentiality of your account credentials and restricting access to your account. The Company is not responsible for unauthorized access resulting from compromised credentials or failure to follow reasonable security practices.

   
   9.5. Security Incidents: In the event the Company becomes aware of a security incident that materially affects User Data stored within the Platform, the Company will take reasonable steps to investigate, mitigate, and respond to the incident in accordance with applicable law and its internal security procedures.
   
   
   
   

10. Platform Availability

    
    10.1. Service Availability: We strive for high availability but do not guarantee uninterrupted service.
    
    10.2. Maintenance and Disruptions: Scheduled maintenance and updates may cause temporary disruptions.
    
    10.3. User Data Backup Responsibility: You are responsible for maintaining independent backup copies of any critical data submitted to the Platform. While the Company performs periodic system backups for operational recovery purposes, these backups are not guaranteed to be complete, current, or available for individual data restoration requests.
    
    10.4. Data Recovery Efforts: In the event of data loss or service interruption, the Company may attempt to restore data from available backups as part of its operational recovery procedures, but does not guarantee that any data can be restored. Users are responsible for maintaining independent backups of critical data.
    
    
    
    

11. Third-Party Integrations

    
    11.1. External Services: The Platform may include third-party integrations.
    
    11.2. Authorized Access and Permissions: By connecting the Platform to third-party services or marketplaces, you authorize the Company to access and process data made available through those integrations in accordance with the permissions you grant. You are responsible for ensuring that you have the necessary rights, permissions, and authority to grant such access. The Company is not responsible for actions taken by the Platform within the scope of permissions granted through your account or through third-party integrations you have configured.
    
    11.3. Third-Party Data Sources: The Platform relies on integrations with third-party platforms, including, without limitation, Amazon Seller Central, Walmart Seller Center, and other e-commerce marketplaces. The availability, accuracy, completeness, and timing of data obtained through these integrations depend entirely on those third-party systems. The Company is not responsible for errors, interruptions, delays, API limitations, or changes in functionality imposed by third-party platforms that may affect the availability or accuracy of data within the Platform.
    
    11.4. External Platform Dependencies: Certain Platform functionality depends on the continued availability and performance of third-party APIs and external systems, including e-commerce marketplaces and advertising platforms. The Company does not control and is not responsible for API limitations, outages, access restrictions, rate limits, or policy changes imposed by third-party platforms that may affect Platform functionality.
    
    11.5. No Liability for Third-Parties: We are not responsible for any third-party services, and your use of such services is at your own risk under their respective terms.
    
    
    
    

12. Termination

    
    12.1. User Cancellation: You may cancel your subscription at any time via your Account Settings within the Platform. Cancellation stops future billing, and you will retain access through the end of your current paid term. No refunds will be issued for partial periods.
    
    

    12.2. Termination by Company: We reserve the right to suspend or terminate your access for violations of these Terms or misuse of the Platform, without any obligation to refund prepaid amounts.
    
    

    12.3. Data Deletion: Upon termination or cancellation of your subscription, we may delete your data in accordance with our data retention policy. It is your responsibility to export or back up any data you wish to retain prior to cancellation.
    
    
    
    

13. Modifications to Service or Terms

    
    13.1. Platform Modifications: We reserve the right to modify, update, suspend, or discontinue the Platform or any portion of the Services at any time in order to improve functionality, maintain security, comply with legal obligations, or reflect changes in third-party platform requirements.
    
    

    13.2. Service Evolution: The Platform is a continuously evolving software service. The Company may modify, update, replace, or discontinue features, tools, or functionality at any time in order to improve performance, maintain security, comply with legal obligations, or reflect changes in third-party platform requirements. Such modifications do not constitute a breach of these Terms provided that the core functionality of the Services remains materially available.
    
    

    13.3. Modifications to Terms: We may update or revise these Terms from time to time. Any modifications will become effective upon posting or upon the effective date indicated in the updated Terms.
    
    

    13.4. Notice of Changes: Notice of changes will be provided by posting an update on the Avenue7Media, LLC website and this website for Ave7LIFT with a hyperlink to the revised Terms in each footer. We may also notify you by email. We encourage you to review these Terms regularly.
    
    

    13.5. Acceptance of Changes: Your continued use of the Platform after such notice (whether posted or emailed) constitutes acceptance of the updated Terms.
    
    
    
    

14. Disclaimers and Limitation of Liability

    
    14.1. No Warranties: The Platform and Services are provided on an “as-is” and “as-available” basis, without warranties of any kind. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or reliability of any data or results obtained through the Platform, nor do we warrant that the Services will be uninterrupted, error-free, or secure.

    
    14.2. No Guarantee of Commercial Outcomes: The Platform may provide insights, recommendations, or automation tools intended to support product listing optimization, advertising strategy, or catalog management. The Company does not guarantee any specific commercial outcomes, including increases in sales, search ranking, Buy Box ownership, advertising performance, or marketplace visibility. Marketplace algorithms, competitive conditions, and platform policies are controlled by third-party platforms and are outside the Company’s control.

    
    14.3. Liability Cap: To the maximum extent permitted by law, our total liability arising out of or related to these Terms or your use of the Platform will not exceed the amount you paid for the Services in the twelve (12) months preceding the event giving rise to the claim.

    
    14.4. Exclusion of Damages: In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, business opportunities, data, or goodwill, even if advised of the possibility of such damages.
    
    
    
    

15. Governing Law and Arbitration

    
    15.1. Applicable Law: These Terms are governed by the laws of the State of Texas.
    
    15.2. Arbitration Agreement: Any disputes shall be resolved by binding individual arbitration in Bexar County, Texas, under the Commercial Arbitration Rules of the American Arbitration Association.
    
    15.3. Class Action Waiver: You waive the right to participate in any class action, collective action, or jury trial against the Company, its affiliates, subsidiaries, owners, officers, directors, employees, and agents.
    
    
    
    

16. Indemnification

    
    16.1. User Indemnity: You agree to indemnify and hold harmless the Company from claims or damages arising from your misuse of the Platform or violation of these Terms.
    
    
    
    

17. Miscellaneous

    
    17.1. Force Majeure: Neither party is liable for failure to perform caused by factors beyond their control, including, without limitation, acts of God, cyberattacks, or outages of internet service providers and/or third-party e-commerce platforms (e.g., Amazon Seller Central, Walmart Seller Center).
    
    

    17.2. Assignment: You may not assign these Terms without written consent. We may assign without restriction.
    
    

    17.3. Waiver and Severability: Failure to enforce any provision is not a waiver. If any part is unenforceable, the remainder stays in effect.
    
    

    17.4. Headers: Section headers and sub-headers are provided for convenience and reference only and shall not affect the interpretation or legal enforceability of these Terms.
    
    
    
    

18. Contact Information

    
    Questions?
    
    Contact legal@avenue7media.com, or by mail:
    
    Avenue7Media, LLC

    ATTN: Legal Department

    17503 La Cantera Parkway, Suite 104-506

    San Antonio, TX 78257 USA