End User License Agreement
Effective Date: March 7, 2026
PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT" OR "EULA") CAREFULLY BEFORE INSTALLING, COPYING, OR USING LISTING AUTOMATER (THE "SOFTWARE"). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ("USER" OR "YOU") AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.
This Agreement is a legal contract between you (either an individual or a single entity) and John Schuch ("John Schuch," "Company," "we," "us," or "our"), governing your use of the Listing AutomatEr desktop application, companion Chrome extension, included AI models, documentation, and any updates or supplements thereto (collectively, the "Software").
Apple Disclaimer. Apple Inc. ("Apple") is not a party to this Agreement and has no obligation to furnish any maintenance or support services with respect to the Software. John Schuch, not Apple, is solely responsible for the Software and the content thereof. To the extent that this Agreement provides for usage rules that are less restrictive than or otherwise in conflict with the Apple macOS Software License Agreement, the more restrictive Apple term applies.
- Definitions
- License Grant
- Installation and System Requirements
- Automatic Updates
- Chrome Extension
- Local AI Processing
- Local Data Storage
- Subscription Requirement
- Restrictions
- Data Collection and Privacy
- Third-Party Components and Open-Source Licenses
- Intellectual Property
- Disclaimer of Warranties
- Limitation of Liability
- Termination
- Export Compliance
- Governing Law and Dispute Resolution
- General Provisions
- Contact Information
1. Definitions
1.1. "Software" means the Listing AutomatEr desktop application, the companion Chrome browser extension, embedded AI models, all associated files, documentation, and any updates, patches, or supplements provided by John Schuch.
1.2. "Subscription" means an active, paid subscription plan purchased by you through the Software's payment system (introductory pricing currently $149 per month or $99 per month billed annually as $1,188 per year; standard pricing $199 per month or $169 per month billed annually as $2,028 per year; all pricing subject to change per Section 8.5, with current published rates available at listingautomater.com/#pricing) that entitles you to use the Software for the duration of the subscription period.
1.3. "User Data" means any data you create, import, configure, or generate through your use of the Software, including but not limited to listing selections, custom descriptions, posting preferences, and settings.
1.4. "Cloud Services" means the remote servers and databases operated or contracted by John Schuch to provide account management, subscription verification, data synchronization, and related services.
1.5. "AI Models" means the machine learning models included with the Software that run locally on your device to generate listing descriptions and related content. This includes all model weights, configuration files, tokenizer data, and associated inference components.
1.6. "Chrome Extension" means the companion browser extension for Google Chrome that provides listing distribution functionality in conjunction with the desktop application.
1.7. "Authorized Device" means a single macOS computer owned or controlled by you on which you are authorized to install and operate the Software under this Agreement.
1.8. "Listing Data" means listing service data, including property details, photographs, and agent information, that is imported into or accessed through the Software.
2. License Grant
2.1. Grant of License
Subject to the terms and conditions of this Agreement and your maintenance of an active Subscription, John Schuch grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on a single Authorized Device for your personal or internal business purposes in connection with real estate listings you are authorized to advertise.
2.2. Single-User License
Each Subscription entitles one (1) individual user to install and use the Software on one (1) Authorized Device. You may not share your Subscription credentials, license, or access with any other individual or entity. If you wish to use the Software on an additional device, you must purchase an additional Subscription.
2.3. Scope of Use
The Software is a professional real estate marketing platform designed for real estate agents and professionals. The Software provides listing distribution tools, marketing content generation, and related productivity features for the real estate industry.
2.4. Professional Requirement
By using the Software, you represent and warrant that you have the authority to advertise the listings you post and are operating in compliance with all applicable laws, regulations, and licensing requirements in your jurisdiction.
2.5. Reservation of Rights
All rights not expressly granted to you in this Agreement are reserved by John Schuch. No implied licenses are granted under this Agreement.
3. Installation and System Requirements
3.1. Desktop Application
The Software is distributed as a macOS disk image (DMG) file. Installation involves dragging the application to your Applications folder or another directory of your choosing.
3.2. System Requirements
To use the Software, your system must meet the following requirements:
- Operating System: macOS 12 (Monterey) or later
- Processor: Apple Silicon (M1 or later) recommended. Intel-based Macs are supported but may experience reduced AI model performance
- Memory: Minimum 8 GB RAM. 16 GB or more recommended for optimal AI feature performance
- Storage: Minimum 3 GB of free disk space (approximately 1.2 GB for the AI model, remainder for application files, cached data, and operational overhead)
- Browser: Google Chrome (current stable release or one prior major version) for Chrome Extension functionality
- Internet: Active internet connection required for subscription verification, account authentication, listing data synchronization, and software updates. The AI model and core posting features operate locally after initial setup.
3.3. Performance Disclaimer
Software performance, particularly AI-related features, varies depending on your hardware specifications. Apple Silicon (M1 or later) provides significantly better AI inference performance compared to Intel processors. John Schuch does not guarantee specific performance levels on any hardware configuration.
3.4. Compatibility
John Schuch does not guarantee compatibility with all hardware configurations, macOS versions, or third-party software. Future macOS updates may require corresponding Software updates for continued compatibility. John Schuch will make commercially reasonable efforts to maintain compatibility with supported macOS versions.
4. Automatic Updates
4.1. Update Mechanism
The Software includes a built-in automatic update system. The Software periodically checks for available updates from John Schuch's update servers, including bug fixes, feature additions, performance improvements, AI model updates, and security patches.
4.2. Consent to Automatic Updates
BY INSTALLING AND USING THE SOFTWARE, YOU EXPRESSLY CONSENT TO THE AUTOMATIC DOWNLOAD AND INSTALLATION OF UPDATES. This consent includes:
- The Software connecting to John Schuch's update servers to check for new versions
- Downloading update packages in the background while you use the Software
- Installing updates, which may require the Software to restart
- Updates to the AI model files stored on your device
- Updates to the Chrome Extension distributed through the Chrome Web Store's update mechanism
4.3. Update Scope
Updates may modify, add, or remove features and functionality. John Schuch will make reasonable efforts to communicate material changes, but updates may be applied without individual advance notice for security patches and critical fixes.
4.4. Update Data
During the update process, the Software transmits to John Schuch's servers: your current Software version number, operating system version, and basic device information necessary to deliver a compatible update. No User Data or listing content is transmitted during the update process.
4.5. No Obligation
John Schuch is not obligated to provide updates but reserves the right to do so at its discretion. John Schuch may discontinue support for older versions of the Software at any time with reasonable notice.
5. Chrome Extension
5.1. Purpose
The companion Chrome Extension provides listing distribution functionality and operates in conjunction with the desktop application. The Chrome Extension is a required component for the Software's core listing distribution features.
5.2. Installation
The Chrome Extension is installed separately by you from the Chrome Web Store or via developer mode as directed by John Schuch. Installation of the Chrome Extension is voluntary but required for listing distribution functionality. By installing the Chrome Extension, you agree that this EULA governs its use in addition to any applicable Chrome Web Store terms.
5.3. Operation
The Chrome Extension:
- Operates on marketplace-related web pages to facilitate listing distribution
- Communicates with the desktop application via a secure local connection on your device
- Requires the Google Chrome browser to be installed and running
- Requires the desktop application to be running simultaneously for full functionality
- Stores authentication tokens in Chrome's session storage for the duration of your browser session
5.4. Extension Permissions
The Chrome Extension requests the following browser permissions to function:
- Active Tab / Specific Site Access: To interact with marketplace pages for listing distribution
- Storage: To maintain session authentication and extension preferences
- Local Communication: To communicate with the desktop application running on your local machine
These permissions are used solely to provide the Software's listing distribution features. The Chrome Extension does not access browsing history, bookmarks, passwords, or data on websites unrelated to its listing distribution functionality.
5.5. Extension Updates
The Chrome Extension may be updated through the Chrome Web Store's standard extension update mechanism, separate from the desktop application's update process described in Section 4.
5.6. Dependency
Certain core features of the Software require the Chrome Extension to be installed and active. John Schuch is not responsible for any limitations in functionality resulting from the Chrome Extension being uninstalled, disabled, blocked by Chrome policies, or incompatible with your version of Chrome.
6. Local AI Processing
6.1. On-Device Processing
The Software includes AI models that run entirely on your local device to generate listing descriptions and related marketing content. All AI inference (the process of generating text from the model) occurs locally on your hardware. No listing data, property details, or generated descriptions are sent to cloud-based AI services for processing.
6.2. Model Details
The AI model included with the Software is approximately 1.2 GB in size and is stored in the application's data directory on your device (typically ~/Library/Application Support/com.listingautomater.desktop/models/). The model is a quantized language model optimized for real estate marketing content generation.
6.3. Hardware Recommendations
For optimal AI performance:
- Apple Silicon (M1 or later): Recommended. Provides hardware-accelerated inference for fast description generation
- Intel-based Macs: Supported but AI inference will be slower. Results may take noticeably longer to generate
- Memory: The AI model requires approximately 2-4 GB of available RAM during active inference. Systems with less than 8 GB total RAM may experience degraded performance
6.4. Model Updates
AI models may be updated through the Software's automatic update mechanism described in Section 4. Updated models may produce different output than previous versions, as John Schuch continuously improves model quality.
6.5. Output Disclaimer
AI-generated content is provided as a starting point and drafting aid for your marketing materials. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, EDITING, AND ENSURING THE ACCURACY, COMPLETENESS, AND LEGAL COMPLIANCE OF ALL AI-GENERATED CONTENT BEFORE USE. AI-generated descriptions may contain inaccuracies, omissions, or statements that do not reflect the actual property. John Schuch makes no representations or warranties regarding the accuracy, completeness, originality, or suitability of AI-generated content for any purpose.
6.6. Listing Data Accuracy
The AI model generates content based on listing data you import into the Software. The accuracy of generated content depends on the accuracy of the underlying listing data. John Schuch is not responsible for inaccuracies in the source listing data or for AI content that reflects inaccurate source data.
6.7. No Cloud AI Fallback
The Software does not send listing data to any cloud AI service as a fallback when local AI processing is unavailable. If the local AI model cannot be loaded or run on your device, AI features will be unavailable until the issue is resolved.
7. Local Data Storage
7.1. Locally Stored Data
The Software stores certain data locally on your device, including but not limited to:
- Application Settings and Preferences: Stored in the browser's localStorage within the application (posting preferences, schedule settings, compliance settings, display preferences)
- AI Model Files: Stored in
~/Library/Application Support/com.listingautomater.desktop/models/(approximately 1.2 GB) - Cached Listing Data: Temporarily cached listing information for offline display and performance
- Generated Descriptions: AI-generated marketing content stored locally until posted or discarded
- Posting History Cache: Local record of recent posting activity
7.2. No Automatic Cloud Backup of Local Data
Locally stored data (settings, cached content, generated descriptions) is NOT automatically backed up to John Schuch's Cloud Services. You are solely responsible for maintaining your own backups of any locally stored data you wish to preserve. Data loss due to hardware failure, macOS reinstallation, application uninstallation, or any other cause is not recoverable by John Schuch.
7.3. Cloud-Synchronized Data
Certain data is synchronized with John Schuch's Cloud Services, including but not limited to:
- User account information and authentication credentials
- Subscription status and billing information (processed by Stripe)
- Posting activity logs and event data
- Imported listing data stored in your account
Cloud data is collected, stored, and processed in accordance with our Privacy Policy referenced in Section 10.
7.4. Data Ownership
You retain all rights to your User Data. John Schuch does not claim ownership of your listing selections, custom descriptions, settings, or other content you create using the Software. John Schuch retains the right to use anonymized, aggregated usage data for product improvement purposes as described in our Privacy Policy.
7.5. Data Deletion
You may delete locally stored data at any time by clearing the application's data through macOS system settings or by uninstalling the Software. For deletion of cloud-stored data, refer to our Privacy Policy or contact us at the address in Section 19.
8. Subscription Requirement
8.1. Active Subscription Required
The Software requires an active, paid Subscription to access and use its core features, including listing distribution, AI description generation, scheduling, and campaign management. Without an active Subscription, these features are disabled.
8.2. Payment Processing
Subscription payments are processed by Stripe, Inc. ("Stripe"), a third-party payment processor. By subscribing, you also agree to Stripe's terms of service and privacy policy. John Schuch does not store your full payment card details; this information is handled directly by Stripe.
8.3. Subscription Lapse
If your Subscription expires, is cancelled, or otherwise lapses:
- Core features of the Software will be disabled
- Local data stored on your device (settings, cached listings, AI model files) will be preserved and will not be deleted by the Software
- Resubscribing to an active plan will restore full access to the Software's features
- John Schuch is not responsible for any data loss, corruption, or business disruption that occurs while the Software is in a disabled state or during any gap in Subscription coverage
8.4. Subscription Verification
The Software periodically verifies your Subscription status via an internet connection to John Schuch's Cloud Services. If the Software is unable to verify your Subscription (e.g., due to lack of internet connectivity), certain features may be temporarily restricted until verification can be completed. The Software provides a limited grace period for temporary connectivity issues.
8.5. Price Changes
John Schuch reserves the right to change Subscription pricing at any time. Price changes will take effect at the start of your next billing cycle following at least thirty (30) days' advance written notice sent to the email address associated with your account. Continued use of the Software after a price change takes effect constitutes acceptance of the new pricing. If you do not agree to a price change, you may cancel your Subscription before the new pricing takes effect.
8.6. Refunds
Refund eligibility and procedures are governed by John Schuch's Refund Policy, which is incorporated into this Agreement by reference.
9. Restrictions
9.1. Prohibited Activities
You may NOT:
- Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, model architectures, training data, or underlying structure of the Software or any part thereof, except to the extent expressly permitted by applicable law notwithstanding this limitation
- Modify: Modify, adapt, translate, or create derivative works based on the Software or any component thereof
- Redistribute: Redistribute, sublicense, rent, lease, lend, sell, resell, or otherwise transfer the Software or any rights therein to any third party
- Remove Notices: Remove, alter, obscure, or tamper with any proprietary notices, labels, trademarks, watermarks, or branding contained in or on the Software
- Competitive Use: Use the Software, or any knowledge gained from the Software, to develop, build, or contribute to a competing product or service
- Circumvent Protections: Circumvent, disable, or interfere with any subscription verification, license checks, authentication mechanisms, or security features of the Software
- Extract AI Models: Extract, copy, redistribute, fine-tune, retrain, host, serve, or independently use the AI models, model weights, tokenizer files, or any AI component thereof outside of the Software. The AI models are licensed solely for use within the Software and may not be separated from it
- Unauthorized Automation: Use scripts, bots, macros, or any external automated means to operate or interact with the Software beyond the Software's own built-in features
- Illegal Use: Use the Software in any manner that violates applicable local, state, national, or international law or regulation, including but not limited to real estate licensing laws, fair housing laws, listing service rules, and intellectual property laws
- Share Credentials: Share, publish, or disclose your Subscription credentials or allow any third party to access the Software through your account
- Unauthorized Access: Attempt to gain unauthorized access to John Schuch's Cloud Services, servers, update infrastructure, or systems
- Benchmark or Publish: Publicly benchmark, review, or publish performance comparisons of the Software or its AI models without John Schuch's prior written consent
- Listing Service Misuse: Use the Software to violate any listing service rules, data licensing agreements, or intellectual property rights related to listing data, photographs, or agent information
10. Data Collection and Privacy
10.1. Privacy Policy
Your use of the Software is also governed by John Schuch's Privacy Policy, which describes how we collect, use, store, and protect your personal information and data. The Privacy Policy is incorporated into this Agreement by reference.
10.2. Data Collection Summary
By using the Software, you acknowledge and consent to the collection and processing of the following categories of data, as more fully described in the Privacy Policy:
- Account Data: Name, email address, and account credentials
- Subscription Data: Billing status, subscription tier, and payment history (payment details processed by Stripe)
- Usage Analytics: Feature usage patterns, posting activity logs, error reports, and performance metrics
- Device Information: Operating system version, hardware type, and application version (collected during update checks)
- Listing Activity: Records of listing distribution activity for your account dashboard and analytics
10.3. What Is NOT Collected
For clarity, the following data is NOT transmitted to John Schuch's servers:
- AI model input or output (all AI processing is local)
- Your Chrome browsing history, bookmarks, or passwords
- Content of web pages you visit outside of the Software's intended marketplace interactions
- Full payment card numbers (handled exclusively by Stripe)
10.4. Privacy Policy Availability
The current version of the Privacy Policy is available at listingautomater.com/privacy-policy or within the Software's settings menu. John Schuch will notify you of material changes to the Privacy Policy via email or in-app notification.
11. Third-Party Components and Open-Source Licenses
11.1. Open-Source Software
The Software incorporates third-party open-source software components, each of which is subject to its own license terms. Key open-source components include, but are not limited to:
- Various open-source libraries and frameworks (MIT, Apache 2.0, BSD, ISC licenses) used for application functionality, user interface, and local AI inference
11.2. AI Model License
The base AI model architecture used in the Software is derived from an open-source model released under the Apache License 2.0. The fine-tuned model weights, training data, prompt engineering, and post-processing pipeline included with the Software are proprietary to John Schuch and subject to the restrictions in Section 9.
11.3. Third-Party Services
The Software integrates with the following third-party services:
- Stripe, Inc. — Payment processing and subscription management
- Cloud infrastructure providers — Database and authentication services
- Google Chrome / Chrome Web Store — Browser extension distribution platform
Your use of these third-party services is subject to their respective terms of service and privacy policies. John Schuch is not responsible for the practices, policies, or availability of third-party services.
11.4. Open-Source License Compliance
The full list of open-source components and their respective license texts is available within the Software (accessible via the application's settings or about screen). Nothing in this Agreement limits your rights under applicable open-source licenses with respect to the open-source components themselves. However, these open-source licenses do not apply to the Software as a whole or to any proprietary components developed by John Schuch.
11.5. No Endorsement
The inclusion of third-party components does not imply endorsement of the Software by the developers or maintainers of those components.
12. Intellectual Property
12.1. John Schuch Ownership
The Software, including but not limited to all proprietary source code, object code, fine-tuned AI model weights, training data, algorithms, post-processing pipelines, user interface designs, graphics, icons, documentation, trade names, trademarks, service marks, and all other intellectual property embodied in or associated with the Software, is and shall remain the sole and exclusive property of John Schuch or its licensors. This Agreement does not convey to you any rights of ownership in the Software.
12.2. "Listing AutomatEr" Trademark
"Listing AutomatEr" and "John Schuch" are trademarks of John Schuch. You may not use these marks without John Schuch's prior written consent, except as reasonably necessary to identify the Software in the ordinary course of your use.
12.3. User Data Rights
You retain all rights, title, and interest in and to your User Data, including listing selections, custom descriptions, and configuration settings you create using the Software. You grant John Schuch a limited, non-exclusive license to process your User Data solely as necessary to provide the Software's features and Cloud Services.
12.4. AI-Generated Content Ownership
Content generated by the Software's AI features using your listing data is considered your User Data. You are responsible for ensuring that your use of AI-generated content complies with applicable listing service rules and regulations.
12.5. Feedback
If you provide John Schuch with any feedback, suggestions, or recommendations regarding the Software ("Feedback"), you grant John Schuch a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, and incorporate such Feedback into the Software or other products without any obligation or compensation to you.
13. Disclaimer of Warranties
13.1. "AS IS" Provision
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, John Schuch DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT OR ANY OTHER CONTENT
- UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION
- THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS
- THAT DEFECTS WILL BE CORRECTED
13.2. No Guarantee of Results
John Schuch DOES NOT GUARANTEE ANY SPECIFIC RESULTS, LEAD GENERATION OUTCOMES, NUMBER OF BUYER INQUIRIES, BUSINESS PERFORMANCE, OR RETURN ON INVESTMENT FROM THE USE OF THE SOFTWARE. The effectiveness of the Software as a marketing tool depends on numerous factors outside of John Schuch's control, including but not limited to market conditions, listing quality, user effort, and third-party platform behavior.
13.3. Third-Party Platforms
John Schuch does not guarantee the continued availability, compatibility, or functionality of any third-party platform, service, or marketplace with which the Software interacts. Changes made by third-party platforms to their interfaces, policies, or systems may affect the Software's functionality, and John Schuch shall not be liable for any such changes. John Schuch will make commercially reasonable efforts to update the Software to maintain compatibility with third-party platforms.
13.4. AI Content Disclaimer
John Schuch does not warrant the accuracy, completeness, originality, legal compliance, or appropriateness of any content generated by the Software's AI features. AI-generated content may contain factual errors, may omit material information about a property, or may include statements that are not supported by the underlying listing data. You are solely responsible for reviewing, verifying, and approving all generated content before use in any marketing, advertising, or communication.
13.5. Professional Responsibility
The Software is a tool to assist your real estate marketing activities. It does not replace your professional judgment, your obligations under your real estate license, your duties to your clients, or your responsibility to comply with applicable laws, regulations, and industry standards.
14. Limitation of Liability
14.1. Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, John Schuch'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO John Schuch DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
14.2. Exclusion of Damages
IN NO EVENT SHALL John Schuch, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF John Schuch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, COMMISSIONS, OR ANTICIPATED SAVINGS
- LOSS OF DATA OR DATA CORRUPTION
- BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITIES
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
- DAMAGES RESULTING FROM CHANGES TO THIRD-PARTY PLATFORMS, SERVICES, OR MARKETPLACES
- DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS
- DAMAGES RESULTING FROM YOUR USE OF OR RELIANCE ON AI-GENERATED CONTENT
- DAMAGES ARISING FROM YOUR VIOLATION OF ANY LISTING SERVICE RULES, REAL ESTATE REGULATIONS, OR PROFESSIONAL LICENSING REQUIREMENTS
- LOSS OF GOODWILL OR REPUTATION
14.3. Essential Purpose
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, John Schuch'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.4. Basis of the Bargain
YOU ACKNOWLEDGE THAT John Schuch HAS SET ITS SUBSCRIPTION PRICING AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
15. Termination
15.1. Termination by Subscription Lapse
This license terminates automatically at the end of your current billing period upon cancellation of your Subscription, whether cancelled by you or by John Schuch.
15.2. Termination for Cause
John Schuch may terminate this license immediately and without prior notice upon:
- Your breach of any material term or condition of this Agreement
- Your engagement in fraudulent activity, abuse of the Software, or abuse of John Schuch's Cloud Services
- Your use of the Software in violation of applicable laws
- Your attempt to circumvent Subscription verification or any security feature of the Software
15.3. Termination by You
You may terminate this Agreement at any time by cancelling your Subscription and uninstalling the Software. Cancellation of your Subscription takes effect at the end of your current billing period; you will retain access to the Software until that date.
15.4. Effect of Termination
Upon termination of this license for any reason, you must:
- Immediately cease all use of the Software
- Uninstall the desktop application from your device
- Uninstall the Chrome Extension from your browser
- Delete all copies of the Software in your possession or control, including any AI model files
15.5. Local Data After Termination
Following termination, any local data remaining on your device (settings, cached listings) may be retained or deleted at your discretion. AI model files must be deleted as part of uninstallation per Section 15.4(d). John Schuch bears no responsibility for locally stored data after termination.
15.6. Cloud Data After Termination
Cloud-stored data will be handled in accordance with our Privacy Policy. You may request deletion of your cloud data by contacting us at the address provided in Section 19. John Schuch will retain data as required by law or legitimate business purposes as described in the Privacy Policy.
15.7. Survival
Sections 9 (Restrictions), 10 (Data Collection and Privacy), 12 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 16 (Export Compliance), 17 (Governing Law and Dispute Resolution), and 18 (General Provisions) shall survive termination of this Agreement.
16. Export Compliance
16.1. U.S. Export Laws
The Software may be subject to U.S. export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the U.S. Department of State.
16.2. User Obligations
You agree to comply with all applicable export and re-export control laws and regulations. You shall not, directly or indirectly, export, re-export, or transfer the Software to any country, entity, or person prohibited by such laws without first obtaining all required government authorizations.
16.3. Representations
You represent and warrant that:
- You are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
- You are not listed on any U.S. government list of prohibited or restricted parties, including the Treasury Department's list of Specially Designated Nationals, the Commerce Department's Denied Persons List or Entity List
- You will not use the Software for any purpose prohibited by U.S. export laws, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons
17. Governing Law and Dispute Resolution
17.1. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, United States of America, without regard to its conflict of laws principles.
17.2. Informal Resolution
Before initiating any formal legal action, you agree to first contact John Schuch at the address provided in Section 19 and attempt to resolve any dispute informally for a period of at least thirty (30) days. Most disputes can be resolved through good-faith negotiation.
17.3. Jurisdiction
If a dispute cannot be resolved informally, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Maricopa County, Arizona, for the resolution of any disputes arising out of or related to this Agreement or the Software. You waive any objection to venue in these courts.
17.4. Injunctive Relief
Notwithstanding the foregoing, John Schuch may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of John Schuch's intellectual property rights, copyrights, trademarks, trade secrets, patents, or other proprietary rights.
17.5. Prevailing Party
In any action to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
18. General Provisions
18.1. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from this Agreement. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
18.2. Entire Agreement
This Agreement, together with the Privacy Policy, Refund Policy, Terms of Service, and any Subscription terms presented at the time of purchase, constitutes the entire agreement between you and John Schuch with respect to the Software and supersedes all prior or contemporaneous communications, proposals, representations, understandings, and agreements, whether oral or written, relating to the Software.
18.3. Waiver
The failure of John Schuch to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of John Schuch.
18.4. Assignment
You may not assign or transfer this Agreement, your Subscription, or any rights hereunder without the prior written consent of John Schuch. John Schuch may assign this Agreement, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment by you in violation of this section shall be null and void.
18.5. Notices
John Schuch may provide notices to you via the email address associated with your account, through in-app notifications, or by posting on our website. Notices from John Schuch are effective upon sending (for email) or posting (for in-app or website notices). You may provide notices to John Schuch at the contact information in Section 19. Notices from you are effective upon receipt by John Schuch.
18.6. Force Majeure
John Schuch shall not be liable for any failure or delay in performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, epidemics or pandemics, strikes or labor disputes, government actions or orders, internet or telecommunications infrastructure failures, power outages, or third-party platform outages or policy changes.
18.7. Independent Contractors
The relationship between you and John Schuch is that of independent parties. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and John Schuch.
18.8. No Third-Party Beneficiaries
This Agreement is for the sole benefit of you and John Schuch. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement, except as expressly provided herein.
18.9. Headings
The section headings in this Agreement are for convenience of reference only and shall not affect the interpretation or construction of this Agreement.
18.10. Construction
This Agreement shall not be construed against the drafter. Both parties acknowledge that they have had the opportunity to review this Agreement and, if desired, to seek legal counsel.
18.11. Updates to This Agreement
John Schuch may update this Agreement from time to time. Material changes will be communicated to you via email or in-app notification at least thirty (30) days before they take effect. Your continued use of the Software after the updated Agreement takes effect constitutes acceptance of the changes. If you do not agree to the updated terms, you must stop using the Software and cancel your Subscription.
19. Contact Information
If you have any questions, concerns, or requests regarding this Agreement, please contact us at:
- Email: john@listingautomater.com
- Website: listingautomater.com
For legal notices, please include "LEGAL NOTICE" in the subject line of your email.
Acknowledgment
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY, BROKERAGE, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" SHALL REFER TO SUCH ENTITY.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. IF YOU HAVE ALREADY INSTALLED THE SOFTWARE, YOU MUST UNINSTALL IT AND DELETE ALL COPIES.
Listing AutomatEr is a trademark of John Schuch. All rights reserved.