1. Acceptance of Terms 

By accessing or using Exerlist (available at exerlist.com), operated by EMIRACMA DIGITAL LLC ("Company," "we," "us," or "our"), you ("User," "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. 

These Terms constitute a legally binding agreement between you and the Company. We may update these Terms at any time; continued use after changes constitutes acceptance. 

2. Description of Service 

Exerlist is a software-as-a-service (SaaS) platform that enables e-commerce sellers to generate AI-powered product listings, SEO content, and marketing copy by uploading product photographs. The Service uses OpenAI models to analyze product images and generate SEO content and product images; image generation requests are routed through Fal AI as an infrastructure provider. 

Core features include: 

• AI-powered image analysis and SEO content generation 

  
  

• Direct publishing of generated listings to a connected Shopify store via Shopify OAuth

  
  

• Editable generated listings (titles, descriptions, tags, attributes) 

  
  

• Bulk upload functionality (available on select plans) 

  
  

• CSV export of generated content for use on any e-commerce platform 

  
  

• Credit-based generation system tied to subscription plan 

3. Eligibility 

You must be at least 18 years old to use the Service. By using the Service, you represent that you have the legal authority to enter into a binding agreement and are not prohibited by law from using the Service. 

4. Shopify Integration

Exerlist offers an optional integration that allows you to connect your Shopify store via Shopify's OAuth authorization flow. Once connected, you may publish AI-generated listings directly to your Shopify store's product catalog. By connecting your Shopify store, you authorize Exerlist to access and modify product listing data in your store to the extent necessary to perform the publishing actions you initiate. You may disconnect your Shopify store at any time from your account settings, which revokes Exerlist's access token. You are solely responsible for reviewing all content before publishing it to your live Shopify store. The Company is not liable for listing errors, pricing mistakes, or other issues arising from content pushed to your store.

5. Account Registration 

You must create an account to access the Service. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. 

Accounts are non-transferable. You may not share your account with third parties or use another person's account. 

6. Subscription Plans and Credits 

6.1 Plans 

The Service is offered under the following paid subscription plans: 

• Starter Plan — $29/month 

• Pro Plan — $59/month 

• Scale Plan — $119/month 

All plans are billed monthly through Stripe. 

6.2 Credits

The Service uses two types of credits: Subscription Credits: Each subscription plan includes a set number of AI generation credits per billing cycle. Subscription credits do not roll over — any unused subscription credits expire at the end of each billing cycle and are not carried into the next period or redeemable for cash.

Top-Up Credits: You may purchase additional credits separately from your subscription. Top-up credits never expire and are not reset at the end of a billing cycle. Top-up credits remain available in your account until used, regardless of subscription status, unless your account is terminated for cause. When a generation is performed, subscription credits are consumed first; top-up credits are only used once subscription credits for the current cycle are exhausted. Bulk upload features, where applicable, consume credits in proportion to the number of items processed.

6.3 Billing 

Subscriptions are billed in advance on a monthly basis. You authorize the Company to charge your payment method on file via Stripe. All prices are in USD. The Company reserves the right to change pricing with 30 days' notice. 

7. Refund Policy 

Subscription fees and credit purchases are generally non-refundable. By subscribing to any plan or purchasing credits, you acknowledge that payments are final under normal circumstances, and that unused credits, partially used subscription periods, or dissatisfaction with content quality are not automatic grounds for a refund. The Company may, at its sole discretion, issue a full or partial refund or account credit on a case-by-case basis. Refunds are not guaranteed and any request will be reviewed individually by our support team. See our Refund Policy page for details on how to request one. If you cancel your subscription, you will retain access to the Service until the end of your current billing period. No charges will be made after cancellation unless you resubscribe.

8. Acceptable Use 

You agree not to use the Service to: 

• Upload images you do not own or have rights to use

  
  

•  Publish content to Shopify (or any platform) that violates that platform's policies

• Generate content that is fraudulent, misleading, defamatory, or violates any third-party rights 

• Reverse-engineer, decompile, or attempt to access the source code of the Service 

• Use automated bots or scrapers to access the Service 

• Resell, sublicense, or commercialize the Service without express written permission 

• Violate any applicable laws, including intellectual property laws or regulations 

• Attempt to overwhelm, disrupt, or compromise the security of the Service 

9. Intellectual Property 

9.1 Your Content 

You retain ownership of the product photographs you upload. By uploading images, you grant the Company a worldwide, royalty-free, non-exclusive license to use those images to provide the Service, improve our AI models, and develop new features. See our Privacy Policy for details. 

9.2 Generated Content 

AI-generated listings and SEO content produced through the Service are provided to you for commercial use. However, because AI-generated content may not be fully protected by copyright under current law, we make no warranty that generated content is unique, protectable, or free from third-party claims. You are solely responsible for reviewing, editing, and using generated content. 

9.3 Company IP 

All software, interfaces, trademarks, branding, and proprietary technology comprising the Exerlist platform are owned by EMIRACMA DIGITAL LLC and protected by applicable intellectual property laws. 

10. Third-Party Services 

The Service integrates with third-party providers including OpenAI (AI models for text and image generation), Fal AI (infrastructure provider used to route image generation requests), Stripe (payments), Supabase (authentication and database), Vercel (hosting), PostHog (analytics), Portkey (AI gateway), and Shopify (optional store integration for direct publishing).

11. Disclaimers 

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PARTICULAR PURPOSE. 

AI-generated content may contain errors, inaccuracies, or omissions. You are solely responsible for reviewing all generated content before publication, including content published directly to your Shopify store.

12. Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMIRACMA DIGITAL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. 

Our total aggregate liability to you for any claims arising from these Terms or the Service shall not exceed the amounts you paid to us in the three (3) months preceding the claim. 

13. Indemnification 

You agree to indemnify, defend, and hold harmless EMIRACMA DIGITAL LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, your violation of these Terms, or your violation of any third-party rights. 

14. Termination 

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or at our sole discretion, with or without notice. Upon termination, your right to access the Service ceases immediately. No refunds will be issued upon termination for cause. 

You may terminate your account at any time by canceling your subscription through your account settings. 

15. Governing Law and Dispute Resolution 

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association (AAA), conducted in Sheridan, Wyoming. 

You waive any right to participate in a class action lawsuit or class-wide arbitration. 

16. Contact 

For questions regarding these Terms, contact us at: support@exerlist.com | EMIRACMA DIGITAL LLC, 30 N Gould St Ste N, Sheridan, WY 82801, US