Terms of Service

By accessing or using Listing Upgrade ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Listing Upgrade. We reserve the right to update these Terms at any time. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

Listing Upgrade is an AI-powered virtual staging and real estate photo enhancement service. Our Service provides:

• Virtual staging for empty rooms (AI-generated furniture and decor)

• Furniture and clutter removal from photos

• Exterior enhancement for outdoor photos

• Lighting and color enhancement

• Photo editing optimized for real estate listings

Processing typically takes less than a minute per photo. We support JPEG, PNG, and HEIC formats up to 10MB per file. The Service is provided on a credit-based system where 1 credit equals 1 photo enhancement.

3.1 Eligibility: You must be at least 18 years old to use this Service. By registering, you represent that you meet this age requirement.

3.2 Account Information: You agree to provide accurate, current, and complete information during registration and to update it as necessary to maintain its accuracy.

3.3 Email Verification: You must verify your email address before using the Service. Verification is required for security purposes.

3.4 Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized access or security breach.

3.5 Account Responsibility: You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

4.1 Credit Usage: Each photo enhancement consumes 1 credit. Credits are deducted immediately when you submit a batch for processing.

4.2 Credit Purchase: Credits are purchased through our credit packages at variable pricing. Package offerings and pricing are subject to change.

4.3 Promotional Credits: New users may receive free credits as part of promotional offers. These offers are subject to change or termination at any time at our sole discretion.

4.4 Promo Codes: Promotional codes may offer percentage discounts or bonus credits. Promo codes have expiration dates and usage limits. We reserve the right to invalidate promo codes suspected of fraud or abuse.

4.5 No Expiration: Purchased credits do not expire and remain in your account until used.

4.6 Non-Transferable: Credits are non-transferable and may only be used by the account holder who purchased them.

4.7 Account Balance: You are responsible for monitoring your credit balance. Insufficient credits will prevent batch submission.

5.1 Payment Methods: We accept payments through our payment providers. Various payment methods are supported depending on your region.

5.2 Payment Processing: Payments are processed by third-party payment providers. In certain regions, our payment provider may act as the merchant of record (legal seller) for your transaction. In such cases, you will be entering into a direct contractual relationship with that payment provider at checkout, and their terms will govern the purchase transaction. By making a purchase, you agree to the applicable terms of service presented at checkout.

5.3 Authorization: By providing payment information, you authorize us to charge the applicable fees to your payment method.

5.4 Taxes: For customers in the European Union, displayed prices include applicable VAT. For customers outside the EU, applicable taxes may be added at checkout and will be clearly displayed before you confirm your purchase. You are responsible for any additional taxes, duties, or levies imposed by your jurisdiction that are not collected at checkout.

5.5 Payment Failures: If a payment fails, we reserve the right to suspend or limit access to the Service until payment is successfully processed.

6.1 14-Day Refund Policy: You may request a full refund of any unused credits within 14 days of purchase, without giving any reason. This applies to all customers, regardless of location.

6.2 Used Credits Not Refundable: Credits that have been used to process photos are not refundable. By purchasing credits, you acknowledge in advance that you will receive the benefit of the digital service when you use them, and acknowledge that you will lose your right to a refund for credits once consumed. For EU/EEA consumers, the loss of cancellation rights for used credits operates under the statutory exception in Section 7.5.

6.3 How to Request a Refund: To request a refund for unused credits within 14 days of purchase, contact support@listingupgrade.com with your order details. Refunds are processed without undue delay, and in any event within 14 days, using the same payment method as the original transaction.

6.4 Service Failures: If our Service fails to process your photos due to a technical error on our end, we will refund the credits for those failed photos or provide re-processing at no additional charge.

6.5 User Error: We are not responsible for credits consumed due to user error (e.g., uploading wrong photos, selecting wrong options). Credits will not be refunded for user mistakes.

6.6 Quality Disputes: AI-generated results may vary. We make no guarantee that results will meet your specific expectations. Quality dissatisfaction alone is not grounds for a refund beyond the 14-day period, but we encourage you to contact support if you have concerns.

6.7 Account Cancellation: You may cancel your account at any time. If you cancel within 14 days of a credit purchase, you may request a refund for unused credits. After 14 days, unused credits are not refundable upon account cancellation.

6.8 Refund Abuse: We reserve the right to refuse refund requests if we detect evidence of fraud, refund abuse, or other manipulative behavior.

6.9 Partial Refund Calculation: When a partial refund is issued for unused credits, used credits are valued at the standard single-credit rate of $1.20 (USD) or €1.20 (EUR), depending on your original payment currency. The refund amount equals the original purchase price minus the value of used credits calculated at this rate. In no event shall the refund amount be less than zero. For payments in other currencies, the equivalent rate in your original payment currency applies.

7.1 Right to Cancel: If you are a consumer located in the European Union or European Economic Area, you have the statutory right to cancel your purchase within 14 days without giving any reason, in accordance with the EU Consumer Rights Directive 2011/83/EU.

7.2 Cancellation Period: The cancellation period expires 14 days from the day of the conclusion of the contract. To meet the cancellation deadline, it is sufficient to send your communication concerning your decision to cancel before the 14-day period expires.

7.3 How to Cancel: To exercise your right to cancel, you must inform us of your decision by a clear, unambiguous statement. Contact support@listingupgrade.com with your cancellation request. You may use the following model form: 'To Listing Upgrade: I hereby give notice that I cancel my contract for the purchase of credits. Order date: [DATE]. Order reference: [ORDER ID]. Consumer name: [NAME].'

7.4 Effects of Cancellation: If you cancel your purchase within 14 days, you will receive a full refund of any unused credits. The refund will be made without undue delay, and not later than 14 days after we are informed of your decision to cancel. We will use the same means of payment as you used for the original transaction.

7.5 Exception for Digital Content: Your right to cancel does not apply to credits that have already been used to process photos. At the time of purchase, you give prior express consent to begin using credits immediately for photo processing, and you acknowledge that you will lose your right of cancellation for any credits consumed once the digital service has been performed.

7.6 Partial Use: If you have used some credits and wish to cancel within 14 days, you will receive a refund for the unused credits only. The used credits are non-refundable as the digital service has been fully performed for that portion. See Section 6.9 for the partial refund calculation method.

You agree not to use the Service to:

• Upload photos you do not own or have permission to edit

• Upload illegal, harmful, threatening, abusive, defamatory, or obscene content

• Upload photos containing personal identifying information of others without consent

• Attempt to reverse-engineer, decompile, or extract our AI models or algorithms

• Use automated systems (bots, scrapers) to access the Service without permission

• Resell or redistribute our Service without authorization

• Violate any applicable laws or regulations

• Interfere with or disrupt the Service or servers

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy.

9.1 Your Content: You retain all ownership rights to the photos you upload ("User Content"). By uploading photos, you grant us a limited, non-exclusive license to process, store, and display your photos solely for the purpose of providing the Service.

9.2 Enhanced Photos: You own the enhanced photos generated by our Service. We do not claim ownership of the output.

9.3 Our IP: The Service, including all software, algorithms, designs, text, graphics, logos, and other content provided by Listing Upgrade, is owned by us and protected by copyright, trademark, and other intellectual property laws.

9.4 Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Service or its underlying technology without our express written permission.

10.1 Nature of AI: Our Service uses artificial intelligence to generate enhanced photos. AI results are probabilistic and may vary in quality or accuracy.

10.2 No Guarantees: We do not guarantee that AI-generated results will be error-free, realistic, or meet your specific requirements. Results may contain artifacts, inconsistencies, or unrealistic elements.

10.3 User Responsibility: You are responsible for reviewing all enhanced photos before use. It is your responsibility to ensure that AI-generated content is appropriate for your intended purpose.

10.4 Disclosure Requirements: You are solely responsible for complying with all applicable disclosure requirements regarding AI-generated or virtually staged content. This may include real estate listing service rules, state or national laws requiring disclosure of digitally altered images, consumer protection laws, and professional codes of ethics. We recommend clearly labeling all virtually staged or AI-enhanced photos as such. Failure to comply with disclosure requirements may result in legal liability, regulatory penalties, or professional sanctions.

10.5 Liability: We are not liable for any consequences arising from your use of AI-generated content, including but not limited to legal disputes, regulatory violations, or reputational harm.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free

• Results will be accurate, reliable, or meet your expectations

• Defects or errors will be corrected

• The Service will be compatible with all devices or software

You acknowledge that use of the Service is at your sole risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, LISTING UPGRADE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service

• Unauthorized access to or alteration of your data

• Third-party conduct or content on the Service

• Any other matter relating to the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Exceptions for German Law: Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence or that of our employees

• Fraud or fraudulent misrepresentation

• Intentional misconduct or gross negligence

• Liability under the German Product Liability Act

• Any other liability that cannot be excluded or limited under applicable German law or EU consumer protection regulations

13.1 Your Right to Terminate: You may terminate your account at any time through your account settings or by contacting support. Termination does not entitle you to a refund of unused credits.

13.2 Our Right to Terminate: We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms, fraudulent activity, or any other reason at our sole discretion.

13.3 Effect of Termination: Upon termination, your right to use the Service ceases immediately. We may delete your account data, including uploaded photos and processed results, in accordance with our data retention policies.

13.4 Survival: Sections of these Terms that by their nature should survive termination (including payment obligations, intellectual property provisions, disclaimers, and limitations of liability) shall survive.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may also impose limits on certain features or restrict access to parts of the Service without notice or liability.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

We shall not be liable for any failure or delay in performance of our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, pandemics, or epidemics

• War, terrorism, civil unrest, or government action

• Strikes, labor disputes, or industrial action

• Failure of public or private telecommunications networks, internet service providers, or third-party services

• Cyber-attacks, hacking, or denial of service attacks

During such events, our obligations shall be suspended for the duration of the force majeure event. We will make reasonable efforts to mitigate the effects and resume normal operations as soon as practicable.

17.1 Governing Law: These Terms are governed by the laws of Germany, without regard to conflict of law principles.

17.2 Jurisdiction: Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in Germany.

17.3 EU Online Dispute Resolution: The European Commission provides an Online Dispute Resolution (ODR) platform, which you can access at https://ec.europa.eu/consumers/odr. We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but are willing to do so.

17.4 Informal Dispute Resolution: We encourage you to contact us first to resolve any disputes informally. Many disputes can be resolved quickly through direct communication.

17.5 Consumer Rights: If you are a consumer in the EU, nothing in these Terms affects your statutory rights under applicable consumer protection laws.

Listing Upgrade is operated by Mark Goldenstein, Seattle, WA, USA.

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

Email: support@listingupgrade.com