1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and QuickHome AI ("Company," "we," "us," or "our") governing your access to and use of the QuickHome AI platform and services.
By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
2. Description of Services
QuickHome AI provides AI-powered real estate photography services, including:
Exterior Image Generation:
- AI-generated exterior property photographs from address inputs
- Professional-quality images suitable for rental listings
- Multiple vantage points and viewing angles
Interior Photo Enhancement:
- AI-powered upgrading of tenant or historical property photos
- HDR/Flambient enhancement and realism corrections
- Professional listing-quality output
Additional Services:
- Image quality assurance and review
- Rework and revision capabilities
- Bulk order processing
- API access for integration
3. Eligibility and Account Registration
3.1 Eligibility
You must be:
- At least 18 years of age
- Authorized to enter into binding contracts
- Representing a legitimate business entity (for enterprise accounts)
3.2 Account Registration
To use our services, you must:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
3.3 Organization Accounts
For organization accounts:
- An authorized representative must register the account
- You may invite additional users based on your subscription
- You are responsible for all users within your organization
- Role-based access controls apply (Associate, Manager, Admin)
4. Credits and Billing
4.1 Credit System
- Services are purchased using a credit-based system
- Each service type and enhancement option has a specified credit cost
- Credits are deducted upon order submission
- Credit costs are displayed before order confirmation
4.2 Credit Purchase and Billing
- Credits may be purchased via self-service or invoiced arrangements
- Payments are processed through secure third-party payment processors
- All fees are non-refundable except as expressly stated in these Terms
- Prices are subject to change with 30 days' notice
4.3 Invoicing (Enterprise Accounts)
- Custom pricing and invoicing may be available for enterprise clients
- Payment terms will be specified in your enterprise agreement
- Late payments may result in service suspension
- Interest may be charged on overdue amounts as permitted by law
4.4 Taxes
You are responsible for all applicable taxes, duties, and governmental charges. Our fees are exclusive of such taxes unless otherwise stated.
5. Use of Services
5.1 License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes.
5.2 Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Upload photos that violate any third-party rights, including privacy or publicity rights
- Submit addresses or properties you are not authorized to list or market
- Upload illegal, harmful, threatening, abusive, or inappropriate content
- Use the service to generate misleading or fraudulent listings
- Attempt to reverse engineer, decompile, or extract our AI models
- Interfere with or disrupt our services or servers
- Use automated systems to access the service without authorization (except via our API)
- Violate any applicable laws or regulations
- Share your account credentials with unauthorized parties
- Use the service in any way that could damage our reputation
5.3 Content Guidelines
Photos You Upload:
- Must be of properties you have the right to photograph and market
- Should not contain visible personal information of tenants or occupants
- Must not include illegal activities or prohibited content
- Should be appropriate for professional real estate listings
We reserve the right to reject or refuse processing of any content that violates these guidelines.
6. Intellectual Property Rights
6.1 Your Content
- You retain all rights to the original photos you upload
- You grant us a license to process, store, and use your uploaded photos to provide our services
- This license terminates when you delete the content or close your account (subject to retention requirements)
6.2 Generated Images
Ownership:
- You own all rights to the AI-generated and enhanced images we create for you
- Upon full payment, we transfer all rights, title, and interest in the output images to you
- You may use the generated images for any lawful purpose, including commercial use
License Back:
- You grant us a limited license to use generated images for quality assurance, model training, and service improvement
- Images used for training will be stripped of personally identifiable information
- We will not use your images for marketing purposes without your explicit consent
6.3 Our Platform
- The QuickHome AI platform, including all software, algorithms, AI models, designs, and trademarks, are our exclusive property
- These Terms do not grant you any right to use our trademarks or branding
- All rights not expressly granted are reserved
7. Service Levels and Quality
7.1 Service Targets
We strive to achieve the following targets (subject to system availability):
- Order-to-delivery time: 60 minutes or less (90th percentile)
- First-pass quality acceptance: 95% or higher
- System availability: 99.9% uptime (Phase 1+)
These targets are goals, not guarantees. Actual performance may vary.
7.2 Quality Assurance
- All generated images undergo quality control review
- Images are checked for realism, consistency, and technical quality
- We aim to deliver images that meet professional real estate listing standards
7.3 Rework Policy
- If delivered images do not meet quality standards, you may request a rework
- Rework requests must include specific feedback and reason codes
- We will address rework requests within 12 hours (median turnaround)
- Rework requests must be submitted within 30 days of delivery
- Excessive or unreasonable rework requests may be declined
8. API Access
8.1 API Terms
If you access our services via API:
- You must use API credentials securely and not share them
- You are subject to rate limits and usage quotas
- API usage is logged and monitored
- We may revoke API access for violations of these Terms
8.2 API License
- API access is licensed, not sold
- You may only use the API for its intended purpose
- You must comply with API documentation and best practices
- Bulk or automated access requires explicit authorization
8.3 Webhooks
- We may send webhook notifications to your specified endpoints
- You are responsible for securing your webhook endpoints
- Webhook signatures should be validated to ensure authenticity
9. Data Privacy and Security
9.1 Privacy Policy
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
9.2 Data Security
- We implement commercially reasonable security measures
- We cannot guarantee absolute security of data
- You are responsible for securing your account credentials
- You should implement your own security measures for data you access via our services
9.3 Data Retention
- We retain property photos and generated images per our Privacy Policy
- You may request deletion of your data subject to legal retention requirements
- Deleted data may remain in backups for a reasonable period
10. Warranties and Disclaimers
10.1 Limited Warranty
We warrant that our services will perform substantially in accordance with our documentation under normal use.
10.2 DISCLAIMER OF WARRANTIES
Except as expressly provided, our services are 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
- Warranties regarding ACCURACY, RELIABILITY, or AVAILABILITY
- Warranties that services will be UNINTERRUPTED or ERROR-FREE
- Warranties regarding RESULTS or OUTPUT QUALITY
AI-GENERATED CONTENT:
- AI-generated images may contain artifacts, inaccuracies, or imperfections
- Generated images are artistic interpretations and may not represent actual property conditions
- You are responsible for reviewing all generated images before use
- We do not warrant that generated images will meet your specific requirements
THIRD-PARTY SERVICES:
- We rely on third-party geocoding, mapping, and other services
- We are not responsible for third-party service availability or accuracy
10.3 No Guarantee of Results
- We do not guarantee that our services will reduce vacancy days or achieve specific business outcomes
- Performance metrics are estimates based on typical use cases
- Results may vary based on market conditions, property types, and other factors
11. Limitation of Liability
11.1 LIABILITY CAP
To the maximum extent permitted by law, our total liability for all claims related to these terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.
11.2 EXCLUSION OF DAMAGES
We shall not be liable for:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES
- DATA LOSS OR CORRUPTION
- COST OF SUBSTITUTE SERVICES
- BUSINESS INTERRUPTION
- PERSONAL OR PROPERTY DAMAGE
- CLAIMS BY THIRD PARTIES
These limitations apply even if we have been advised of the possibility of such damages.
11.3 Exceptions
Some jurisdictions do not allow certain limitations of liability. In such cases, our liability will be limited to the maximum extent permitted by law.
11.4 User Responsibility
You are solely responsible for:
- How you use generated images in your listings
- Verifying that images are appropriate for your use case
- Compliance with real estate advertising regulations
- Any claims arising from your use of our services
12. Indemnification
You agree to indemnify, defend, and hold harmless QuickHome AI, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of our services
- Your violation of these Terms
- Your violation of any rights of third parties
- Content you upload or submit
- Your violation of applicable laws or regulations
13. Term and Termination
13.1 Term
These Terms remain in effect while you use our services.
13.2 Termination by You
You may terminate your account at any time by:
- Contacting our support team
- Following account closure procedures in your dashboard
- Providing written notice
Upon termination, unused credits are forfeited (non-refundable).
13.3 Termination by Us
We may suspend or terminate your access:
- For violation of these Terms
- For non-payment
- For fraudulent or illegal activity
- At our discretion with 30 days' notice for convenience
13.4 Effect of Termination
Upon termination:
- Your license to use our services ends immediately
- You must cease all use of our platform and services
- We may delete your account and data per our retention policy
- Provisions that by their nature should survive will continue (e.g., liability limitations, indemnification)
14. Modifications to Services and Terms
14.1 Service Changes
We reserve the right to:
- Modify, suspend, or discontinue services at any time
- Change pricing with 30 days' notice
- Implement new features or limitations
- Update our AI models and algorithms
14.2 Terms Changes
We may update these Terms from time to time. We will notify you of material changes by:
- Posting updated Terms on our platform
- Sending email notification
- Requiring acceptance of new Terms upon next login
Your continued use after changes constitute acceptance of the updated Terms.
15. Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
15.2 Informal Resolution
Before filing a claim, you agree to contact us at legal@quickhome.ai to attempt informal resolution.
15.3 Arbitration Agreement
Please read carefully - this affects your legal rights
Except for disputes that qualify for small claims court, any dispute arising from these Terms or our services will be resolved by binding arbitration rather than in court.
Arbitration Procedure:
- Arbitration will be conducted by the American Arbitration Association (AAA)
- Arbitration will be held in Delaware or remotely by mutual agreement
- Each party pays their own costs; arbitrator's fees will be split
- Arbitrator's decision is final and binding
Class Action Waiver:
You agree that disputes will be resolved individually, not as part of a class, consolidated, or representative action. You waive the right to participate in class action lawsuits.
Opt-Out:
You may opt out of arbitration by sending written notice to legal@quickhome.ai within 30 days of first accepting these Terms.
15.4 Exceptions to Arbitration
Either party may seek injunctive relief in court for intellectual property infringement or violations of these Terms that threaten immediate harm.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any enterprise agreements, constitute the entire agreement between you and QuickHome AI.
16.2 Severability
If any provision is found unenforceable, the remaining provisions remain in full effect.
16.3 No Waiver
Our failure to enforce any right or provision is not a waiver of that right or provision.
16.4 Assignment
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
16.5 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control (e.g., natural disasters, wars, pandemics, internet outages).
16.6 Notice
Notices to you may be sent to your registered email address. Notices to us should be sent to legal@quickhome.ai.
16.7 Relationship
These Terms do not create a partnership, joint venture, employment, or agency relationship.
16.8 Third-Party Beneficiaries
These Terms do not confer rights on any third parties.
16.9 Export Compliance
You agree to comply with all applicable export and import laws and regulations.
16.10 U.S. Government Rights
If you are a U.S. government entity, our services are Commercial Items as defined in FAR 2.101.
Acknowledgment: By creating an account or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.