Terms of Service

Welcome to ave7LIFT®. These Terms of Service (“Terms”) govern your access to and use of ave7LIFT® and the services provided through it 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, Bexar County, TX 78257, United States.

1. Definitions

1.1. “ave7LIFT®” refers to Avenue7Media’s 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 are subject to separate fees, scopes of service, and service-level expectations as defined in the applicable agreement.

1.5. “Subscriber” means the individual or entity that purchases or otherwise obtains a Subscription to the Platform.

1.6. “Authorized User” means a named individual, including an individual Subscriber, authorized to access and use the Platform on behalf of the Subscriber for the Subscriber’s internal business purposes, subject to these Terms.

1.7. “Account” means the unique login credentials and account assigned to an Authorized User.

1.8. “Subscriber Data” means any data, information, content, or materials submitted to, transmitted to, connected to, or processed through the Platform by or on behalf of Subscriber or its Authorized Users.

1.9. “Subscription” means a paid or complimentary access plan to the Platform, subject to the applicable term, pricing, and renewal conditions.

1.10. “You” and “your” mean the Subscriber and/or an Authorized User, as applicable to the context.

2. Use of Platform

2.1. License Grant. Subject to compliance with these Terms, we grant Subscriber a non-exclusive, non-transferable, non-sublicensable, revocable right to permit its Authorized Users to access and use the Platform solely for Subscriber’s internal business purposes.

2.2. Automation Controls. Any automated actions, rules, or recommendations generated by the Platform are executed based on settings and approvals configured by the Authorized User. Subscriber remains 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. Subscriber is solely responsible for evaluating and determining whether to act upon any outputs generated by the Platform.

2.4. Prohibited Activities. You may not, and may not permit any third party to, copy, modify, reverse engineer, decompile, disassemble, or attempt to derive or discover the source code, underlying functionality, methodologies, algorithms, models, workflows, processes, architecture, or other proprietary elements of the Platform. You may not access, use, or permit access to the Platform for competitive analysis, benchmarking, or the development, improvement, or provision of any product or service that competes with the Platform. Subscriber may designate employees, contractors, consultants, or service providers as Authorized Users solely as reasonably necessary to support Subscriber’s internal business operations and subject to these Terms; provided, however, that Subscriber may not permit access by any person or entity that develops, provides, or supports a product or service that competes with the Platform without the Company’s prior written consent.

2.5. Marketing Rights. Subscriber grants the Company the right to reference Subscriber’s company name as a Subscriber of the Platform in marketing materials, presentations, and customer lists. The Company may use Subscriber’s company logo for such purposes in accordance with Subscriber’s publicly available brand guidelines, unless Subscriber opts 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.

3. Eligibility

3.1. Age and Capacity Requirement. Each Authorized User must be at least 18 years old and legally capable of agreeing to these Terms.

4. Account Registration and Security

4.1. Accurate Information. Subscriber and each Authorized User shall provide accurate and current information in connection with access to and use of the Platform.

4.2. Account Authority. Subscriber represents and warrants that it has the authority to authorize its Authorized Users to access and use the Platform and to grant the permissions required for the Platform to access and process associated account data. Subscriber is 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 Account is assigned to a single, named Authorized User and may not be shared or transferred.

4.4. Non-Transferable Credentials. Account credentials are strictly non-transferable and may be used only by the Authorized User to whom the Account is assigned.

4.5. Account Responsibility. Each Authorized User is responsible for maintaining the confidentiality of their Account credentials. Subscriber is responsible for its Authorized Users’ compliance with these Terms and for activity occurring through Accounts authorized by Subscriber, except to the extent resulting from circumstances outside Subscriber’s reasonable control.

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. Taxes. Fees are exclusive of applicable sales, use, excise, value-added, or similar taxes, duties, or governmental charges. Subscriber is responsible for all such amounts associated with its Subscription or use of the Services, excluding taxes based on the Company’s net income.

5.3. 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, an Authorized User authorizes the Company to charge Subscriber’s designated payment method for the applicable fees. Subscriber is responsible for purchases initiated by its Authorized Users. These fees are separate from Subscription fees and will be charged immediately upon confirmation.

5.4. Automatic Renewal. Paid Subscriptions automatically renew monthly unless canceled in accordance with Section 12 of these Terms. By purchasing a paid Subscription, Subscriber authorizes the Company to charge its designated payment method for each recurring billing cycle until the Subscription is canceled. We do not send renewal emails with each billing cycle, but Subscriber can view their subscription status at any time via the payment processor’s Account Settings.

5.5. 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 automatically convert to a paid Subscription at the end of the trial term unless canceled before renewal.

5.6. Late Payments. Late payments may result in suspension of access, and overdue amounts may accrue a late fee of one percent (1%) per month, or the maximum amount permitted by law, whichever is less.

5.7. Payment Failure and Suspension. If any payment cannot be successfully processed for any reason, including declined charges, expired payment methods, insufficient funds, billing errors, or payment processor failures, the Company or its payment processor may automatically reattempt collection of the payment using the payment method on file through its automated payment recovery process. During this recovery process, the Company or its payment processor may send automated notices regarding failed payments, payment retries, expiring payment methods, outstanding balances, and requests to update payment information. If payment remains unsuccessful following the automated payment recovery process, the Company may suspend or restrict access to the Platform until payment is successfully processed. The Company may also require payment of all outstanding amounts, including any applicable late fees or other charges permitted under these Terms, before restoring access to the Platform. Suspension of access due to non-payment does not constitute a breach of these Terms, and the Company shall not be liable for any loss of access, interruption of Services, loss of functionality, loss of data availability, loss of profits or revenue, loss of business opportunities, goodwill, or other damages resulting from such suspension.

5.7.1. Payment Method Maintenance. Subscriber is responsible for maintaining a valid, current, and authorized payment method throughout the Subscription. Subscriber agrees to promptly update any changes to its payment information, including replacement cards, expiration dates, billing addresses, or other payment credentials. Failure to maintain a valid payment method does not relieve Subscriber of its payment obligations under these Terms.

5.8. Chargebacks and Payment Disputes. If Subscriber initiates 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. Initiating a chargeback does not cancel the Subscription or relieve Subscriber 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.

5.9. 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.

5.10. Downgrades. If Subscriber downgrades its 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.

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

6. Intellectual Property

6.1. Ownership. ave7LIFT® is a proprietary software platform. Unauthorized use or duplication of any part of the Platform may violate the Company’s intellectual property and proprietary 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 Subscribers or Authorized Users.

6.3. Feedback Use. Subscriber or any Authorized User may submit feedback or suggestions, which the Company may use freely without compensation or obligation.

6.4. Subscriber Data Rights. Subscriber retains ownership of Subscriber Data. The Company may use anonymized, aggregated data for internal analytics and product improvement. We do not sell Subscriber Data without consent. We will not disclose Subscriber 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, Subscriber Data is not used to train public or shared AI models. Outputs generated by the Platform are provided to Subscriber for use in connection with its 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:

7.1.1. 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.

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

7.1.3. 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.

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

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

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

8. Acceptable Use

8.1. Prohibited Uses. Subscriber and its Authorized Users shall not:

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

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

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

8.2. Marketplace Compliance. Subscriber is solely responsible for complying with the terms, policies, and requirements of any third-party marketplaces or platforms with which Subscriber connects 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 Subscriber’s account or product listings.

8.3. Export Controls and Sanctions Compliance. Subscriber and Authorized Users shall not access or use the Platform in violation of applicable export control, economic sanctions, or trade laws, including from or for the benefit of any country, territory, person, or entity where such access or use is prohibited by applicable law.

9. Subscriber Data & Privacy

9.1. Privacy Policy Compliance. We collect, use, and protect Subscriber Data in accordance with our Privacy Policy, incorporated by reference. For full details, review our Privacy Policy.

9.2. License to Process Data. Subscriber grants us a limited license to process Subscriber 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 Subscriber Data or personally identifiable information in identifiable form.

9.4. Data Security. We implement commercially reasonable administrative, technical, and organizational measures designed to protect Subscriber 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. Subscriber and its Authorized Users are responsible for maintaining reasonable Account security. 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 Subscriber 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.

9.6. Confidentiality. The Company and Subscriber may each receive non-public information of the other in connection with the Services. Each shall use such information solely as necessary to perform or receive the Services and shall protect it using reasonable care. Neither shall disclose the other’s confidential information except to personnel, contractors, or service providers who have a need to know and are subject to confidentiality obligations, provided that any access to or disclosure concerning the Platform remains subject to the access and use restrictions set forth in these Terms, or as required by law. Confidential information does not include information that is publicly available through no breach of these Terms, independently developed without use of the other’s confidential information, or lawfully obtained from a third party without confidentiality restrictions.

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. Subscriber Data Backup Responsibility. Subscriber is 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. Subscriber is 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, Subscriber authorizes the Company to access and process data made available through those integrations in accordance with the permissions granted. Subscriber is responsible for ensuring that it has 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 Subscriber’s Accounts or through third-party integrations configured by Subscriber or its Authorized Users.

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. Subscriber Cancellation. Subscriber may cancel its Subscription at any time via Account Settings within the Platform. Cancellation stops future billing, and Subscriber will retain access through the end of the then-current Subscription term. No refunds will be issued for partial periods.

12.2. Termination by Company. We reserve the right to suspend or terminate Subscriber’s or any Authorized User’s access to the Platform for violations of these Terms, misuse of the Platform, non-payment, failed payment recovery, chargebacks, fraud, or other material breaches of these Terms, without any obligation to refund prepaid amounts. Termination or suspension does not relieve Subscriber of its obligation to pay any Fees, charges, or other amounts accrued prior to the effective date of termination.

12.3. Data Deletion. Upon termination or cancellation of Subscriber’s Subscription, we may delete Subscriber Data in accordance with our data retention policy. Subscriber is responsible for exporting or backing up any data it wishes 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. Modification of Terms. We may modify these Terms from time to time by posting the revised Terms on the ave7LIFT® website. The revised Terms will identify the date of the most recent update and will become effective as stated therein. We may provide additional notice of material changes, including by email or through the Platform or Services, as appropriate. Continued use of the Platform or Services after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

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 use of the Platform will not exceed the amount paid by Subscriber for the Services in the three (3) 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 Dispute Resolution

15.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

15.2. Negotiation. In the event of any dispute arising out of or relating to these Terms, the Platform, or the Services, the Company and Subscriber shall first attempt in good faith to resolve the dispute through direct negotiations. Either the Company or Subscriber may initiate negotiations by providing written notice of the dispute to the other. The Company and Subscriber shall have thirty (30) days following such notice to attempt to resolve the matter through negotiation.

15.3. Mediation. If the dispute is not resolved through negotiation, the Company and Subscriber shall submit the dispute to non-binding mediation administered by the American Arbitration Association (“AAA”) or another mutually agreed mediator. The Company and Subscriber shall mutually select a mediator. If they are unable to agree upon a mediator within fourteen (14) days, the mediator shall be appointed by the AAA. The Company and Subscriber shall share mediation costs equally unless otherwise agreed in writing.

15.4. Exceptions to Negotiation and Mediation. Notwithstanding Sections 15.2 and 15.3, claims arising from unpaid Fees, payment obligations, collections, or other undisputed amounts owed under these Terms may be pursued immediately in any court of competent jurisdiction located in Bexar County, Texas, without first completing the negotiation or mediation procedures set forth above. Nothing in this Section shall prevent the Company or Subscriber from seeking temporary restraining orders, preliminary injunctions, equitable relief, emergency relief, or other immediate judicial remedies where necessary to prevent irreparable harm, protect confidential information or intellectual property rights, prevent unauthorized access to or use of the Platform, preserve assets, or prevent misuse of proprietary information.

15.5. Litigation and Remedies. Except as otherwise provided in Section 15.4, if mediation does not resolve the dispute, the Company or Subscriber may pursue litigation exclusively in any state or federal court of competent jurisdiction located in Bexar County, Texas, and each irrevocably consents to the jurisdiction and venue of such courts. The prevailing party in any action arising out of or relating to these Terms, the Platform, or the Services shall be entitled to recover its reasonable attorneys’ fees, court costs, collection costs, expert witness fees, and other reasonable expenses incurred in connection with such action, in addition to any other relief awarded.

16. Indemnification

16.1. Subscriber Indemnity. Subscriber shall defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and representatives from and against any third-party claims, damages, liabilities, losses, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) Subscriber’s or any Authorized User’s misuse of the Platform; (b) violation of these Terms; (c) Subscriber Data; or (d) Subscriber’s or any Authorized User’s violation of applicable law or the rights of any third party.

17. Miscellaneous

17.1. Force Majeure. Neither the Company nor Subscriber is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including, without limitation, acts of God, cyberattacks, internet service provider outages, or outages or disruptions of third-party e-commerce platforms. Force majeure shall not excuse Subscriber’s obligation to pay amounts accrued and due prior to the applicable event.

17.2. Assignment. Subscriber may not assign these Terms without the Company’s prior written consent. We may assign without restriction.

17.3. Waiver and Severability. Failure to enforce any provision shall not be deemed 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.

17.5. Entire Agreement; Other Agreements. These Terms, together with any applicable Subscription terms, order form, Privacy Policy, and other terms expressly incorporated by reference, constitute the agreement between the Company and Subscriber concerning access to and use of the Platform and Services. If the Company and Subscriber are parties to a separate written agreement governing Client Services or other services provided by the Company, such agreement shall continue to govern those services, and these Terms shall govern solely with respect to the Platform and Services, unless such separate written agreement expressly states that a particular provision modifies or supersedes these Terms with respect to the Platform or Services.

17.6. Survival. Any provisions that by their nature should survive expiration or termination of these Terms shall survive, including provisions relating to accrued payment obligations, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and other provisions necessary to give effect to their intended purpose.

17.7. Electronic Communications and Notices. Subscriber agrees that Company may provide notices and other communications relating to the Platform, Subscription, billing, security, or these Terms electronically, including by email, through the Platform, or through Company’s billing or payment processing systems. Such electronic communications satisfy any requirement that communications be provided in writing.

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, Bexar County, TX 78257
United States