Legal

Terms of Service

Last updated: December 11, 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ListingPhoto ("Company," "we," "us," or "our") governing your access to and use of the ListingPhoto website and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service.

Description of Service

ListingPhoto provides an AI-powered photo enhancement platform for real estate professionals. The Service includes:

  • AI-powered photo enhancement (brightness, color correction, HDR)
  • Virtual staging for empty rooms
  • Sky replacement for exterior photos
  • Object removal and cleanup tools
  • Batch processing for multiple photos
  • High-resolution download options
  • Cloud storage integration (Google Drive, Dropbox, OneDrive)
  • API access for custom integrations

User Accounts

Registration

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

Subscription and Payments

Pricing

The Service is offered under various subscription plans as described on our website. Prices are subject to change with notice.

Billing

Our billing terms include:

  • Subscriptions are billed in advance on a monthly or annual basis
  • All payments are non-refundable except as required by law
  • You authorize us to charge your payment method automatically
  • Failed payments may result in service suspension

Cancellation

You may cancel your subscription at any time. Upon cancellation:

  • Your subscription remains active until the end of the billing period
  • You retain access to previously enhanced photos
  • Your account will be downgraded to the free tier

Acceptable Use

You agree NOT to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Upload malware, viruses, or harmful content
  • Attempt to gain unauthorized access to systems
  • Interfere with or disrupt the Service
  • Scrape, harvest, or collect data without permission
  • Create misleading or deceptive content
  • Resell or redistribute the Service without authorization
  • Use the Service for any illegal purpose

Intellectual Property

Our Content

The Service, including its design, features, content, and underlying technology, is owned by ListingPhoto and protected by copyright, trademark, and other intellectual property laws.

Your Content

You retain ownership of any photos you upload to the Service. By using the Service, you grant us a limited license to process your photos solely to provide the enhancement services.

Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

AI-Generated Content

ListingPhoto uses AI technology to enhance and modify photos. By using these features, you agree to the following:

Photo Enhancement

Our AI enhancement features modify images automatically. You acknowledge that:

  • AI enhancements alter the appearance of photos (brightness, colors, clarity)
  • Virtual staging adds computer-generated furniture to empty rooms
  • Sky replacement substitutes the original sky with a different sky image
  • Object removal erases items and fills the area with AI-generated content
  • Results may vary based on input image quality and are provided "as is"

Disclosure Requirements

When using enhanced photos in real estate marketing:

  • Virtually staged photos should be clearly labeled as "Virtually Staged"
  • Sky replacement and significant edits should be disclosed as appropriate
  • You are responsible for complying with real estate advertising regulations in your jurisdiction
  • Some MLS systems require disclosure of photo enhancements

Content Ownership

Regarding ownership of enhanced content:

  • You retain ownership of all original photos you upload
  • Enhanced photos are licensed to you for your use in real estate marketing
  • You may not resell or sublicense enhanced photos as standalone products
  • We retain rights to use anonymized, aggregated data to improve our services

Usage Limits and Quotas

Photo enhancement limits are based on your subscription plan:

  • Starter (Free): 5 photos per month
  • Pro: 100 photos per month with high-resolution downloads
  • Pro Plus: 500 photos per month with priority processing and API access
  • Exceeding limits may result in temporary feature restrictions
  • Unused photo credits do not roll over to the next billing period
  • Abuse of free tier features may result in account restrictions

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR QUALITY OF AI ENHANCEMENTS

Photo enhancements are generated by AI and results may vary. Enhanced photos should be reviewed before use in marketing materials. We do not guarantee specific results or quality levels.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTINGPHOTO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or data
  • Business interruption
  • Reliance on enhanced photos
  • Quality or accuracy of AI enhancements

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless ListingPhoto and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit through the Service

Modifications to Service and Terms

We reserve the right to modify or discontinue the Service at any time. We may also update these Terms from time to time. Material changes will be communicated via email or through the Service. Continued use after changes constitutes acceptance.

Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

General Provisions

  • Entire Agreement:These Terms constitute the entire agreement between you and ListingPhoto
  • Severability:If any provision is found unenforceable, the remaining provisions remain in effect
  • Waiver:Failure to enforce any right does not constitute a waiver
  • Assignment:You may not assign these Terms without our consent

Questions?

If you have questions about these Terms of Service, please contact us.

[email protected]