Terms of service
These Terms of Service (the "Terms") form a binding agreement between CobaltAI OÜ, a private limited company registered in Estonia under registry code 17561613, with its registered address at Männimäe/1, Pudisoo küla, Kuusalu vald, Harju maakond 74626, Estonia ("cobalt12", "we", "us", "our"), and the person or entity accessing or using our services ("you", "your", "Customer").
By creating an account, accessing, or using the Service, you accept these Terms. If you do not accept them, do not use the Service. If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
1. Definitions
"Service" means the cobalt12 software-as-a-service platform available at cobalt12.com and app.cobalt12.com, including all features, APIs, integrations, and related websites.
"Input" means any content you upload, submit, connect, or otherwise make available to the Service, including product photographs, product data, brand information, descriptions, and any data retrieved from your connected marketplace accounts.
"Output" means any content generated by the Service in response to your Input, including generated images, titles, bullet points, descriptions, keywords, attribute values, competitor analyses, and audit reports.
"Marketplace" means Amazon.com and any other e-commerce platform to which the Service connects.
"Marketplace Account" means your seller or vendor account on a Marketplace.
2. Eligibility and Account
2.1 You must be at least 18 years old and capable of forming a binding contract. The Service is intended for business use by sellers, brands, agencies, and similar commercial users.
2.2 You are responsible for the accuracy of your registration information, for maintaining the confidentiality of your credentials, and for all activity under your account. Notify us immediately at [email protected] of any unauthorised use.
2.3 You may not share account access with third parties except as permitted by your plan. Agency and multi-user access is governed by the plan you purchase.
3. The Service — What It Is and What It Is Not
3.1 What the Service does. The Service uses artificial intelligence and automated processing to generate marketing images and listing content from Input you provide, to analyse publicly available marketplace data, and — where you choose to connect a Marketplace Account — to transmit content you have reviewed and approved to that Marketplace.
3.2 The Service is a content preparation tool. We prepare drafts. We do not act as your agent, consultant, legal adviser, intellectual property adviser, or compliance auditor. We do not review, verify, approve, or endorse the products you sell, the claims you make about them, your right to use any brand or trademark, or the lawfulness of any listing you publish.
3.3 Nothing is published without your action. Output is presented to you for review. Content is transmitted to a Marketplace only when you expressly instruct the Service to publish. You are the publisher of every listing created using the Service.
3.4 No affiliation with Amazon. cobalt12 is an independent product. We are not affiliated with, sponsored by, endorsed by, or in any partnership with Amazon.com, Inc. or its affiliates. "Amazon", "Seller Central", and related marks are trademarks of their respective owners. Your use of any Marketplace remains governed by your agreement with that Marketplace.
4. Artificial Intelligence — Nature and Limitations of Output
4.1 Output is machine-generated and may be wrong. The Service uses generative models. Output may contain inaccurate, incomplete, outdated, misleading, or entirely fabricated statements — including invented product specifications, materials, measurements, certifications, compatibility claims, brand names, and part numbers. Output may also unintentionally resemble third-party content.
4.2 You must review all Output before use. You acknowledge that Output is a draft requiring human review. You agree to verify every factual statement, specification, claim, brand name, and attribute in the Output against your actual product before publishing, distributing, or otherwise using it.
4.3 Suggestions labelled by source. Where the Service indicates that a suggestion was inferred, guessed, or derived from third-party or competitor data rather than from your Input, that label is provided as a convenience and does not limit your obligation under Section 4.2 to verify all Output.
4.4 No guarantee of results. We make no representation that use of the Service will increase your sales, conversion rate, traffic, search ranking, or that any listing will be accepted, approved, indexed, or maintained by any Marketplace.
4.5 Generated imagery. Images produced by the Service may depict environments, backgrounds, scenes, or persons that do not exist. You are solely responsible for determining whether any image accurately represents your product and complies with applicable law and Marketplace policy, including any obligation to disclose or tag synthetic or AI-generated content.
5. Compliance Features Are Informational Only
5.1 The Service may include features described as "compliance checks", "compliance-safe", "audits", "recommendations", or similar. These features are informational aids only. They are not legal advice, not a certification, not a warranty of compliance, and not a substitute for your own review.
5.2 Marketplace policies, advertising law, consumer protection law, product safety law, labelling requirements, and disclosure obligations vary by jurisdiction and change frequently. We do not undertake to identify every applicable requirement, to keep any check current, or to detect every non-compliant element in your Input or Output.
5.3 You remain solely responsible for the legality and policy compliance of every listing you publish, including compliance with the terms, policies, and guidelines of any Marketplace, and with all applicable advertising, consumer protection, product safety, intellectual property, and AI-disclosure laws.
5.4 We are not liable for any listing suppression, listing removal, account suspension, account termination, withheld funds, intellectual property complaint, regulatory action, fine, or other consequence arising from content prepared with the Service.
6. Your Content, Your Rights, Your Responsibility
6.1 You warrant that you have the rights to your Input. You represent and warrant that you own or have all necessary rights, licences, consents, and permissions to submit your Input to the Service and to have it processed as contemplated by these Terms, and that your Input does not infringe or misappropriate any third party's rights.
6.2 You warrant that you have the rights to the brands you use. You represent and warrant that you are the owner of, or are authorised by the owner of, every brand name, trademark, logo, model designation, part number, and other proprietary identifier that you enter into the Service, accept as a suggestion, or publish using the Service.
6.3 We do not verify brand rights. You acknowledge that the Service may suggest brand names, manufacturer names, model names, compatibility statements, or part numbers derived from your Input or from publicly available data, and that we do not and cannot verify whether you are entitled to use them. Accepting such a suggestion is your decision and your representation that you hold the necessary rights.
6.4 You are responsible for your listings. You are solely responsible for all content you publish to any Marketplace using the Service, whether that content originated as Output, as your Input, or as a combination of both, and whether or not you edited it.
6.5 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify, process, and transmit your Input and Output solely to the extent necessary to operate, maintain, secure, and support the Service, and to comply with law. This licence ends when the relevant content is deleted, subject to Section 15.4 (backups) and any legal retention obligation.
6.6 We do not use your Input or Output to train models. We do not use your Input or Output to train generative models for the benefit of other customers. We may use aggregated, de-identified technical and usage data that does not identify you or your products to operate and improve the Service.
7. Ownership of Output
7.1 As between you and us, and subject to your payment of applicable fees and compliance with these Terms, you own the Output generated from your Input, and we assign to you such rights as we may have in it.
7.2 Output is not warranted to be original or exclusive. Generative systems may produce similar or identical Output for different customers from similar inputs. We do not warrant that Output is unique, original, novel, protectable, or free from third-party rights, and we make no representation that you can obtain or enforce intellectual property protection in any Output.
7.3 We retain all rights in the Service itself, including all software, models, prompts, templates, workflows, interfaces, documentation, and trademarks. Nothing in these Terms transfers any right in the Service to you.
7.4 Free tier and watermarks. Output generated on a free or trial basis may be watermarked, reduced in resolution, or otherwise limited. You may not remove, obscure, alter, or circumvent any watermark or technical limitation, and you may not use watermarked Output commercially.
8. Acceptable Use
8.1 You must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference.
8.2 Without limiting the Acceptable Use Policy, you may not use the Service to create, prepare, or publish content that: infringes any trademark, copyright, patent, design right, or other intellectual property right; misrepresents the origin, authenticity, brand, condition, or specifications of a product; promotes counterfeit, replica, stolen, recalled, or unlawfully sourced goods; makes false, unsubstantiated, or prohibited claims, including health, medical, safety, or environmental claims; or violates the policies of any Marketplace.
8.3 We may, but are not obliged to, monitor use of the Service. We may investigate suspected violations and may suspend or terminate access under Section 15.
9. Third-Party Services and Marketplace Connections
9.1 The Service integrates with third-party services, including Marketplace APIs, AI model providers, payment processors, and hosting providers. Your use of those services may be subject to their own terms.
9.2 Marketplace authorisation. If you connect a Marketplace Account, you authorise us to access, retrieve, and transmit data through that connection on your behalf, strictly as needed to provide the Service. You are responsible for ensuring that such connection and use is permitted under your agreement with the Marketplace.
9.3 We are not responsible for the availability, accuracy, security, or acts or omissions of any third-party service, or for any change, suspension, deprecation, or termination of any third-party API. If a third-party service becomes unavailable or changes materially, features of the Service may be modified or discontinued.
9.4 You must not use the Service in any way that would cause us or you to breach a Marketplace's terms, API licence, acceptable use policy, or data protection policy.
10. Plans, Fees, Credits, and Billing
10.1 Plans. The Service is offered on a one-off purchase basis and on subscription plans. Current plans, prices, inclusions, and limits are published at cobalt12.com/pricing and form part of these Terms.
10.2 Credits and allowances. Subscription plans include a stated number of listings per billing period. Unless expressly stated otherwise on the pricing page, unused allowances do not roll over and expire at the end of the billing period. Additional listings may be purchased at the rates published on the pricing page.
10.3 Revisions. Each listing includes the number of image revisions stated on the pricing page. We may apply reasonable technical limits to prevent excessive or automated consumption of computational resources.
10.4 Payment. Fees are charged in advance and are payable through our payment processor. You authorise recurring charges for subscription plans until cancelled. You are responsible for keeping payment details current.
10.5 Taxes. Fees are exclusive of VAT, sales tax, use tax, and other applicable taxes, which will be added where required. You are responsible for any withholding taxes and for your own tax obligations arising from your use of the Service.
10.6 Price changes. We may change prices. For subscriptions, we will give at least 30 days' notice before a change takes effect for your next renewal. Continued use after the effective date constitutes acceptance; if you do not accept, you may cancel before renewal.
10.7 Non-payment. If payment fails, we may retry, suspend access, and ultimately terminate your account. Suspension does not relieve you of accrued fees.
10.8 Refunds are governed by our Refund and Cancellation Policy.
11. Disclaimers
11.1 THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE". To the maximum extent permitted by applicable law, we disclaim all warranties, express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, and any warranties arising from course of dealing or usage of trade.
11.2 We do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that Output will be accurate, complete, lawful, compliant, original, or suitable for any purpose; or that any listing prepared with the Service will be accepted, approved, or maintained by any Marketplace.
11.3 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for mandatory statutory consumer rights (see Section 19).
12. Limitation of Liability
12.1 To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, sales, goodwill, business opportunity, data, or anticipated savings, however caused and under any theory of liability, even if advised of the possibility.
12.2 Without limiting Section 12.1, we will not be liable for: listing suppression, removal, or rejection; suspension, restriction, or termination of any Marketplace Account; withheld, frozen, or reversed marketplace funds; intellectual property claims, notices, or complaints arising from content you published; regulatory investigations, penalties, or fines; loss of search ranking or reviews; or any consequence of inaccurate, non-compliant, or infringing content that you reviewed and published.
12.3 Aggregate cap. Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you actually paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred euros (€100).
12.4 These limitations apply even if a limited remedy fails of its essential purpose, and reflect a reasonable allocation of risk that forms an essential basis of the bargain between us.
13. Indemnification
13.1 You will defend, indemnify, and hold harmless CobaltAI OÜ, its shareholders, board members, employees, contractors, and agents from and against any claim, demand, action, proceeding, investigation, loss, liability, damage, fine, penalty, cost, and expense (including reasonable legal fees) arising out of or relating to:
(a) your Input, your Output, or any listing or other content you published, distributed, or used; (b) your use of, or entry or acceptance of, any brand name, trademark, model designation, part number, or other proprietary identifier; (c) any allegation that content prepared or published using the Service infringes or misappropriates a third party's intellectual property or other rights; (d) the products you sell, including their description, specifications, safety, labelling, authenticity, sourcing, and legality; (e) your breach of these Terms, the Acceptable Use Policy, or any applicable law; (f) your breach of any agreement with a Marketplace or other third party; (g) any claim by a Marketplace, regulator, consumer, competitor, or rights holder relating to your listings or your account.
13.2 We will notify you of any claim subject to indemnification and may, at our option and expense, participate in the defence with counsel of our choosing. You may not settle any claim in a manner that imposes any obligation or admission on us without our prior written consent.
14. Confidentiality
14.1 Each party may receive non-public information of the other. The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisers bound by confidentiality obligations, or as required by law.
14.2 This section does not apply to information that is or becomes public without breach, was known without restriction before disclosure, is independently developed, or is rightfully obtained from a third party.
15. Term, Suspension, and Termination
15.1 These Terms apply from your first use of the Service until terminated.
15.2 You may terminate at any time by cancelling your subscription and ceasing use. Cancellation takes effect at the end of the current billing period.
15.3 We may suspend or terminate immediately and without refund if we reasonably believe you have violated these Terms or the Acceptable Use Policy, if your use creates legal risk or risk to the Service or other customers, if required by a Marketplace or by law, or if fees remain unpaid. Where practicable and lawful, we will give notice and an opportunity to cure.
15.4 Effect of termination. Access ceases. We will make your Output available for export for thirty (30) days after termination where technically feasible, after which we may delete your data. Residual copies may persist in routine encrypted backups for a limited retention period. Sections 4, 5, 6.1–6.4, 7.2, 7.3, 11, 12, 13, 14, 15.4, 16, 17, and 20 survive termination.
15.5 We may discontinue the Service or any feature. If we discontinue a paid Service entirely, we will refund the unused portion of prepaid fees on a pro-rata basis.
16. Sanctions, Export Control, and Restricted Use
16.1 You represent that you are not located in, ordinarily resident in, or organised under the laws of any country or territory subject to comprehensive sanctions administered by the European Union, the United States, or the United Nations, and that you are not listed on, or owned or controlled by a person listed on, any applicable restricted-party list.
16.2 You will not make the Service available to any such person, and will not use the Service in violation of applicable export control or sanctions laws.
17. Governing Law and Disputes
17.1 These Terms are governed by the laws of the Republic of Estonia, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
17.2 The courts of Harju County, Estonia (Harju Maakohus) have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, subject to Section 19.3 for consumers.
17.3 Before commencing proceedings, the parties will attempt in good faith to resolve any dispute by negotiation for thirty (30) days following written notice of the dispute to [email protected].
18. Changes to These Terms
18.1 We may amend these Terms. We will post the updated version with a revised "Last updated" date and, for material changes, provide at least thirty (30) days' notice by email or in-product notice before they take effect.
18.2 Continued use after the effective date constitutes acceptance. If you do not accept, you must stop using the Service and may cancel; where you have prepaid for a period extending beyond the effective date, you may request a pro-rata refund of the unused portion.
19. Consumers in the European Union
19.1 If you use the Service as a consumer (outside your trade, business, craft, or profession) and are resident in the EU, mandatory consumer protection law applies and nothing in these Terms limits the rights it grants you.
19.2 Right of withdrawal. EU consumers have a 14-day right of withdrawal for distance contracts. Because the Service supplies digital content immediately, by starting to use the Service within that period you expressly request immediate performance and acknowledge that you lose the right of withdrawal once performance has begun with your consent. Where the right has not been lost, you may withdraw by contacting [email protected].
19.3 Jurisdiction. EU consumers may bring proceedings in the courts of their country of residence, and mandatory provisions of the law of that country continue to apply. Consumers may also use the European Commission's online dispute resolution platform.
20. General
20.1 Entire agreement. These Terms, together with the Acceptable Use Policy, Privacy Policy, Refund and Cancellation Policy, Cookie Policy, and any applicable order or plan description, constitute the entire agreement and supersede prior discussions.
20.2 Order of precedence. In case of conflict: (1) a signed written agreement between the parties, (2) these Terms, (3) the incorporated policies, (4) any other documentation.
20.3 Assignment. You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
20.4 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder stays in force.
20.5 No waiver. Failure to enforce a provision is not a waiver of it.
20.6 Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control, including armed conflict, acts of war, mobilisation, infrastructure or utility failure, third-party API or provider outage, or governmental action. This section does not excuse payment obligations already accrued.
20.7 Notices. Notices to you may be sent to your registered email or shown in-product. Notices to us must be sent to [email protected], with a copy to the registered address above.
20.8 No agency. Nothing creates a partnership, joint venture, employment, or agency relationship.
20.9 Language. These Terms are drafted in English. Any translation is for convenience only; the English version prevails.
21. Contact
CobaltAI OÜ Registry code: 17561613 Männimäe/1, Pudisoo küla, Kuusalu vald, Harju maakond 74626, Estonia
Support: [email protected] Legal, privacy, security, and abuse reports: [email protected]