Terms of Use

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Listing Content Creator, a business based in South Dakota ("Company," "we," "us," or "our"), the owner and operator of the platform accessible at https://listingcontentcreator.com ("Service"). By registering an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.

You must be at least 18 years of age and legally capable of entering into binding contracts to use this Service. By using the Service, you represent and warrant that you meet these requirements. Use of the Service is void where prohibited by law.

To access the Service, you must create an account by providing accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use. Listing Content Creator is not liable for any loss or damage arising from your failure to protect your account credentials. You may change your agent display name a maximum of two (2) times; name changes are final once used.

The Service operates on a subscription and credit-based model:

• Free Trial: New accounts receive 50 complimentary credits. No credit top-ups are available on the free tier.
• Paid Subscription: $99/month, billed via Stripe. Active subscribers receive 500 credits upon each successful invoice payment.
• Lifetime Access: Granted solely at Company discretion. Includes 500 credits with no expiry.
• Credit Top-Ups: Available when balance falls below 100 credits (Starter: 250/$15; Standard: 600/$30; Pro: 1500/$60). All top-up purchases are final and non-refundable.
• Credit Usage: PNG and video exports cost 10 credits each. AI-generated content costs 5 credits per generation.

All payments are processed by Stripe. By providing payment information, you authorize us to charge the applicable fees. Subscription fees are non-refundable except as required by applicable law. We reserve the right to modify pricing at any time with reasonable notice.

You agree to use the Service only for lawful purposes. You agree NOT to:

• Upload, generate, or distribute content that is unlawful, defamatory, obscene, harassing, or fraudulent;
• Infringe upon any intellectual property rights, including trademarks, copyrights, or publicity rights of any third party;
• Use the Service to make materially false or misleading representations about real estate listings or properties;
• Attempt to reverse engineer, scrape, or interfere with the Service's infrastructure;
• Share, resell, or transfer your account or credits to any other person or entity;
• Use the Service in any manner that violates applicable real estate advertising regulations or MLS rules.

You retain ownership of the original property information and photos you upload. By submitting content to the Service, you grant Listing Content Creator a limited, non-exclusive, royalty-free license to process, store, and render that content solely to provide the Service to you.

All intellectual property rights in the Service itself — including the platform, software, design templates, layouts, themes, and generated graphics (to the extent they incorporate our proprietary elements) — are owned by or licensed to Listing Content Creator. Nothing in these Terms transfers any ownership rights to you beyond the limited rights explicitly granted herein.

You represent and warrant that any content you upload (including property photos) does not infringe the intellectual property rights of any third party, and you will indemnify Listing Content Creator for any claims arising from your content.

The Service uses artificial intelligence to generate marketing copy, taglines, and other content. AI-generated content is provided "as is" for informational and marketing assistance purposes only. Listing Content Creator makes no representations or warranties regarding the accuracy, completeness, legality, or fitness of AI-generated content for any particular purpose. You are solely responsible for reviewing, editing, approving, and ensuring compliance with all applicable laws and real estate regulations before publishing any content generated by the Service. Listing Content Creator shall not be held liable for any consequences arising from your use or publication of AI-generated content.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LISTING CONTENT CREATOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, INCLUDING AI-GENERATED CONTENT;
• WARRANTIES THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTING CONTENT CREATOR, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
• DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION, OR CESSATION OF THE SERVICE.

IN NO EVENT SHALL LISTING CONTENT CREATOR'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO LISTING CONTENT CREATOR IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to defend, indemnify, and hold harmless Listing Content Creator, its owners, officers, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) content you upload or generate; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) any claim that your content infringes the rights of any third party.

The Service integrates with third-party providers including Stripe for payment processing and cloud infrastructure providers for hosting. Listing Content Creator is not responsible for the practices, availability, or content of any third-party services. Your use of such services is governed by those third parties' own terms and privacy policies.

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Service ceases immediately. Unused credits are non-refundable upon termination for cause. Sections 7 through 15 of these Terms shall survive termination.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page. Your continued use of the Service after any modification constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

These Terms shall be governed by and construed in accordance with the laws of the State of South Dakota, United States, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or the Service shall be resolved exclusively by binding individual arbitration in accordance with the rules of the American Arbitration Association, conducted in South Dakota. You waive any right to participate in a class action lawsuit or class-wide arbitration. Notwithstanding the foregoing, Listing Content Creator reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision shall not constitute a waiver of our right to enforce it in the future.

These Terms, together with the Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Listing Content Creator regarding the Service and supersede all prior agreements and understandings.

Listing Content Creator
South Dakota, United States
https://listingcontentcreator.com