ElistitEarly Access

Terms of Service: Elistit

Effective Date: March 3, 2026

These Terms of Service (“Agreement”) constitute a legally binding agreement between Your Brand Assistant LLC (operating as “Elistit,” “we,” “us,” or “our”) and the individual or entity accessing the Service (“User,” “you,” or “your”).

By creating an account, purchasing a subscription or credits, or otherwise accessing or using elistit.com and related applications, APIs, and integrations (collectively, the “Service”), you agree to be bound by this Agreement. If you do not agree, you must not access or use the Service.

1. Acceptance and Eligibility

1.1 Acceptance. By using the Service, you represent that you have read, understood, and agree to this Agreement and any policies incorporated by reference.

1.2 Eligibility. You must be at least 18 years old and legally able to form a binding contract. The Service is intended for business and professional e-commerce use.

1.3 Account Security. You are responsible for all activity under your account, including activity by authorized users, contractors, and team members. You must immediately notify us of any unauthorized access or credential compromise.

2. Strict Prohibition on Competitive Access

2.1 Direct Competitor Ban. Access to the Service is prohibited for any person or entity that develops, operates, advises, funds, or supports a product or service that competes with Elistit, including owners, employees, agents, contractors, affiliates, researchers acting on behalf of competitors, and undisclosed proxies.

2.2 Competitive Intelligence and Benchmarking Ban. You may not access, test, monitor, profile, benchmark, compare, publish evaluations of, or otherwise analyze the Service for competitive, procurement, analyst, or market-intelligence purposes without our prior written consent.

2.3 Material Breach and Unauthorized Access. Any competitive use, attempted competitive use, or concealed competitive access constitutes a material breach of this Agreement and may constitute unauthorized access to protected computer systems. We may seek injunctive relief, account suspension or termination, damages, and any other remedies available under contract, equity, and applicable law, including trade secret and anti-hacking statutes.

3. Intellectual Property and Trade Secrets

3.1 Ownership. The Service, including source code, workflows, architecture, orchestration logic, prompts, metadata patterns, UI/UX, and all related technology, is owned by or licensed to Your Brand Assistant LLC and protected by intellectual property, trade secret, and unfair competition laws.

3.2 Trade Secret Protection. You acknowledge that Elistit's production pipeline and operating methods are confidential trade secrets, including:

  • Multi-step orchestration and logic used to convert user direction into multi-ratio, high-resolution production assets.
  • Internal system prompts, model-routing strategy, and architectural configurations used to interface with AI providers.
  • Credit accounting methodology, pipeline sequencing, and output optimization methods.

3.3 Output License and Assignment. Subject to your full compliance with this Agreement and payment of all applicable fees, you receive rights to use generated output for lawful commercial purposes. We do not warrant output uniqueness, non-infringement, or copyright eligibility in every jurisdiction.

4. No Reverse Engineering, Prompt Injection, or Evasion

You shall not, and shall not permit any third party to:

  • Decompile, disassemble, reverse engineer, or attempt to derive source code, model behavior, ranking logic, or internal decision systems of the Service.
  • Attempt prompt extraction, prompt leaking, jailbreaking, adversarial prompting, prompt injection, or any method intended to elicit, infer, or reconstruct hidden system instructions.
  • Circumvent access controls, credit controls, anti-automation controls, rate limits, challenge flows, or any security and abuse detection mechanisms.
  • Use the Service to train, fine-tune, or improve any competing model, dataset, workflow, or product.

Any such conduct is strictly prohibited and may result in immediate suspension or permanent termination, forfeiture of unused credits, and legal enforcement.

5. Use Restrictions and Bot Protection

5.1 Anti-Scraping. Automated collection, extraction, indexing, crawling, mirroring, or data mining of any Service content is prohibited, including UI elements, templates, output formats, metadata structures, and listing optimization patterns.

5.2 Technical Enforcement. We use Cloudflare and other anti-abuse systems, including bot scoring, traffic fingerprint analysis, challenge systems, and honeypot endpoints, to detect and block suspicious or non-human behavior.

5.3 Automatic Enforcement Actions. We may automatically throttle, block, suspend, or permanently ban any user, account, device fingerprint, IP address, or integration that triggers anti-bot controls or is reasonably suspected of abuse, scraping, or bypass attempts. Enforcement may be applied without prior notice and without refund.

6. Subscriptions, Credits, and Refund Terms

6.1 Elistit Pro and Creative Credits. The Service includes recurring subscription plans and one-time Creative Credit purchases. Credits are consumed when a production run is initiated.

6.2 Merchant of Record. Payments are processed by our Merchant of Record, Fungies Inc., which manages payment processing, billing operations, and applicable VAT/Sales Tax collection and remittance.

6.3 Technical Failure Remedy. If a production run fails due solely to a verifiable service-side error, our sole remedy is re-crediting applicable Creative Credits.

6.4 No Refunds. Except where required by law or expressly approved by Fungies Inc. under its policies, all purchases, subscription fees, and credit-pack transactions are final and non-refundable. No prorations or cash refunds are provided for unused time or unused credits.

7. Data Processing and External Integrations

7.1 Third-Party Integrations. The Service may connect to third-party platforms, including Etsy, Google Drive, and Make.com. Your use of those services is governed by their own terms and policies.

7.2 Data Transfers. You acknowledge that the Service may involve cross-border processing and transfer of data to operate AI generation, storage, and delivery workflows.

7.3 Revocation of Access. You may revoke Elistit access to connected third-party accounts at any time through the relevant third-party settings.

8. User Content and Conduct

8.1 Responsibility for Inputs and Use. You are solely responsible for prompts, source assets, listings, and final commercial use of outputs, including compliance with intellectual property, consumer protection, and platform policy requirements.

8.2 Prohibited Content. You may not use the Service for unlawful, fraudulent, defamatory, infringing, abusive, or harmful content or activities.

8.3 No Foundational Model Training on Private Inputs. We do not use your private prompts or private shop data to train foundational third-party AI models.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR BRAND ASSISTANT LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OR ANY SPECIFIC BUSINESS OUTCOME, REVENUE, RANKING, OR SALES RESULT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR BRAND ASSISTANT LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING FROM OR RELATED TO THE SERVICE.

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Your Brand Assistant LLC and its affiliates, officers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your breach of this Agreement, your content, or your violation of any applicable law or third-party right.

12. Governing Law and Dispute Resolution

12.1 Governing Law. This Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-law rules.

12.2 Arbitration. Any dispute arising from or relating to this Agreement or the Service will be resolved by binding arbitration in Sheridan, Wyoming, unless another location is mutually agreed in writing. Proceedings will be conducted on an individual basis only; class or representative actions are not permitted.

13. Termination and Enforcement

We may suspend or terminate access to the Service, with or without notice, for any violation or suspected violation of this Agreement or for any behavior that creates legal, security, or operational risk. Termination does not limit any rights or remedies available to us.

14. Amendments

We may update this Agreement from time to time. Updates become effective when posted with a revised effective date. Your continued use of the Service after an update constitutes acceptance of the revised terms.

15. Contact

Your Brand Assistant LLC
30 N Gould St Ste 36292
Sheridan, WY 82801
United States
Email: [email protected]