Terms of Service

These Terms of Service ("Terms") govern your use of the Shelvio mobile application, web dashboard, and website (collectively, the "Services") provided by Martinsburg Design, LLC ("Shelvio," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old to use the Services. By using Shelvio, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Description of Services

Shelvio is an AI-powered tool that helps resellers create marketplace listings. You can upload product photos and provide voice or text descriptions, and our AI generates listing content including titles, descriptions, and pricing suggestions. You then copy and use this content on marketplaces of your choice.

3. Account Registration

To use the Services, you must create an account by signing in with Apple or Google. You agree to provide accurate information, keep your login credentials secure, and notify us immediately if you suspect unauthorized access to your account. You are responsible for all activity that occurs under your account.

4. Free Listings and Subscriptions

New accounts receive 20 free listings. This is a one-time allocation and does not reset. Once you have used your free listings, a paid subscription is required to continue using the Services.

Subscription plans are billed on a recurring basis (weekly, monthly, or annually, depending on the plan you select). By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

5. Billing, Cancellation, and Refunds

Payment processing. Payments are processed by Apple (App Store), Google (Play Store), or Stripe (web), depending on how you subscribe. We do not directly store your payment card information.

Cancellation. You may cancel your subscription at any time. Upon cancellation, you will retain access to the Services until the end of your current billing period. No refunds or credits will be issued for partial billing periods.

Refund Policy

Web & Google Play Subscriptions: Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. However, Shelvio reserves the right to issue refunds, discounts, or credits at our sole discretion. The decision to provide a refund, discount, or credit in a specific instance does not entitle you to the same or similar benefit in the future, nor does it obligate us to provide such benefits in the future, under any circumstance.

Apple App Store Subscriptions: If you subscribed via the Apple App Store, your subscription is subject to Apple's refund policies. Shelvio does not have the ability to process refunds for Apple subscriptions. To request a refund, you must contact Apple directly through their support channels (e.g., reportaproblem.apple.com).

6. Your Content

Ownership. You retain ownership of all content you submit to the Services, including photos, voice recordings, text descriptions, and the AI-generated listing content created from your inputs.

License to Shelvio. By submitting content to the Services, you grant Shelvio a non-exclusive, royalty-free, worldwide license to use, store, process, and display your content solely for the purpose of providing and improving the Services. This license ends when you delete your content or account.

Your responsibility. You are solely responsible for the content you submit and the listings you create. You represent that you have the right to use and submit all content, and that your content does not infringe on the rights of any third party.

7. Prohibited Conduct

You agree not to use the Services to:

• Create listings for counterfeit, stolen, or illegal items
• Misrepresent items, deceive buyers, or engage in fraud
• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Attempt to reverse engineer, copy, or extract the AI models or algorithms used in the Services
• Interfere with or disrupt the Services or servers
• Create multiple accounts to abuse the free listing allocation
• Resell, sublicense, or provide access to the Services to third parties

8. Marketplace Compliance

Shelvio generates listing content for your use on third-party marketplaces such as eBay, Poshmark, Mercari, Depop, and Etsy. We are not affiliated with these marketplaces. You are solely responsible for ensuring that your listings comply with the terms of service, policies, and guidelines of each marketplace where you list items. Shelvio is not responsible for any violations, penalties, or account actions taken by marketplaces.

9. Disclaimers

AI-generated content. The Services use artificial intelligence to generate listing content. AI-generated titles, descriptions, and other content may contain errors, inaccuracies, or omissions. You are responsible for reviewing and editing all content before using it.

Pricing suggestions. Pricing suggestions provided by the Services are estimates based on AI analysis and should not be relied upon as appraisals or guarantees of value. Actual market values may vary significantly. You are solely responsible for setting appropriate prices for your items.

Recall information. If the Services provide information about product recalls, this information may be incomplete, outdated, or inaccurate. You are responsible for independently verifying whether items are subject to recalls before listing or selling them.

No guarantee of sales. Shelvio helps you create listings but does not guarantee that your items will sell or achieve any particular price. Sales outcomes depend on many factors outside our control.

"As is" service. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHELVIO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Shelvio and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your content, your violation of these Terms, or your violation of any rights of another party.

12. Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms, is harmful to other users or third parties, or is otherwise inappropriate. This includes, but is not limited to, creating listings for counterfeit or illegal items, engaging in fraudulent activity, or abusing the Services.

You may delete your account at any time from within the app. Upon termination, your right to use the Services will cease immediately, and we will delete your data in accordance with our Privacy Policy.

13. Dispute Resolution and Arbitration

Informal resolution. Before filing any formal dispute, you agree to contact us at legal@shelvio.ai and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in Oklahoma, or at another mutually agreed location, before a single arbitrator. The arbitrator's decision will be final and binding.

Class action waiver. YOU AND SHELVIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Exceptions. Notwithstanding the above, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@shelvio.ai within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of arbitration.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the app at least 30 days before the changes take effect. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms.

16. General Provisions

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Shelvio regarding the Services.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17. Contact Us

If you have questions about these Terms, contact us at:

Martinsburg Design, LLC
Email: legal@shelvio.ai