Terms of Service

These Terms of Service (the “Terms”) are a binding legal agreement between you and ListingSong (“ListingSong,” “we,” “us,” or “our”) governing your access to and use of listingsong.com, our related applications, and the songs, videos, lyrics, and other content and services we make available (collectively, the “Service”). By accessing or using the Service, creating an account, or clicking to accept these Terms, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the Service.

If you use the Service on behalf of a brokerage, team, or other entity, you represent and warrant that you have authority to bind that entity, and “you” includes that entity.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER (SECTION 18), A DISCLAIMER OF WARRANTIES (SECTION 15), AND A LIMITATION OF OUR LIABILITY (SECTION 16). THEY AFFECT YOUR LEGAL RIGHTS.

ListingSong is a marketing tool that uses artificial intelligence and automated processes to generate custom songs, lyrics, and videos based on real estate listing information, photos, and other inputs you provide or authorize us to retrieve. The Service is a self-service software tool; we are not a real estate brokerage, advertising agency, law firm, or professional advisor of any kind, and nothing in the Service constitutes professional advice.

We may add, change, suspend, limit, or discontinue any feature, output style, pricing, credit structure, or other aspect of the Service at any time, at our sole discretion, with or without notice, and we will not be liable to you or any third party for doing so.

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for use by real estate professionals and other business users in the United States.

You agree to provide accurate, current, and complete information when creating an account or placing an order, and to keep it up to date. You are solely responsible for all activity that occurs under your account, including activity by anyone who accesses the Service using a login code or device associated with your account, whether or not authorized by you. Notify us immediately at support@listingsong.com if you suspect unauthorized use. We may refuse, suspend, or terminate any account at any time, at our sole discretion, including where we believe these Terms have been or may be violated.

When you search for an address or provide a listing, the Service may retrieve property details, photos, and other information from third-party data providers and public sources. This information is provided on an “as available” basis for your convenience only. We do not verify third-party data and make no representation or warranty as to its accuracy, completeness, currency, or fitness for any purpose. Property facts may be wrong, outdated, or incomplete.

You are solely responsible for reviewing, correcting, and verifying every fact, figure, photo, name, and statement in any content before you use or publish it. You agree that ListingSong has no liability for any error or omission in listing data or in content generated from it, and that your sole remedy for inaccurate data is to correct it in the Service before publishing or to not use the affected content.

You may upload or supply photos, property details, names, voices, scripts, edits, and other materials (“Your Content”). You retain your rights in Your Content. You grant ListingSong a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, process, and display Your Content as needed to operate, provide, secure, improve, and promote the Service, including processing Your Content through third-party AI and rendering providers.

You represent and warrant that:

• you own or have all rights, licenses, consents, and permissions necessary to use Your Content with the Service — including photographer or MLS licenses for listing photos and permission from any person whose name, image, likeness, or voice appears in Your Content;
• Your Content and our processing of it as described in these Terms do not and will not infringe, misappropriate, or violate any third-party right or any law; and
• you have any seller, brokerage, or MLS authorization required to market the listing.

You — not ListingSong — are solely responsible for Your Content. We have no obligation to review Your Content, but we may remove or refuse to process any content at any time, at our sole discretion, without liability.

Songs, lyrics, videos, and other outputs created through the Service (“Generated Content”) are produced by automated artificial-intelligence systems. You acknowledge and agree that:

• Generated Content may contain errors, inaccuracies, mispronounced names or places, or statements that are misleading or unsuitable for your market. You must review and approve all Generated Content before using or publishing it — you are the publisher of anything you share.
• AI outputs are not guaranteed to be unique. Similar or identical outputs may be generated for other users, and we make no promise of exclusivity in any melody, lyric, style, or arrangement.
• The legal status of AI-generated works (including copyright protection and enforceability) is unsettled, and we make no representation or warranty regarding the protectability of Generated Content or that it does not resemble other works.

Subject to your payment of all applicable fees and your compliance with these Terms, we grant you a non-exclusive, non-transferable (except to your brokerage or client for the same listing), worldwide license to use, reproduce, display, and distribute Generated Content you purchase for marketing the applicable listing, your services, and your brand. You may not resell Generated Content as a standalone product, use it to train AI models, or represent it as entirely human-created where doing so is misleading or unlawful. We retain the right to use Generated Content and non-identifying data derived from it to operate, improve, and promote the Service; if you would like a specific song or video excluded from our own promotional use, email support@listingsong.com.

Real estate advertising is regulated. You — and not ListingSong — are solely responsible for ensuring that your use of the Service and anything you publish complies with all laws, regulations, and rules that apply to you, including without limitation:

• the federal Fair Housing Act and all state and local anti-discrimination laws (Generated Content must never state or imply a preference or limitation based on any protected class);
• MLS rules, association rules, and your brokerage’s policies, including any rules about branded or unbranded media, required disclosures, or broker identification in advertising;
• state real estate licensing and advertising regulations, including truthful-advertising requirements;
• copyright, trademark, right-of-publicity, and privacy laws with respect to photos, names, and likenesses; and
• telemarketing and messaging laws (such as the TCPA and CAN-SPAM) when you distribute content.

The Service is a content-creation tool only. We do not review your content for legal or regulatory compliance, and nothing we generate should be treated as compliant-by-default. If a regulator, MLS, association, brokerage, or third party objects to content you published, that is your responsibility to resolve.

Paid features are billed through our third-party payment processor (currently Stripe). ListingSongs are sold as one-time purchases — individually or in multi-song packs — and there is no recurring subscription. By purchasing, you authorize Stripe to charge the payment method provided for that purchase, along with any applicable taxes. You represent that you are authorized to use the payment method provided. Prices, packages, credit amounts, and included features are as described at the time of purchase and may change at any time for future purchases.

Credits, packs, and promotional balances have no cash value, are not redeemable for money, are non-transferable, and expire as described at purchase or upon account termination. Because the Service lets you preview work before you buy, all purchases are final and non-refundable to the maximum extent permitted by law, including where you are dissatisfied with the creative style of Generated Content, where content is unused, or where your listing status changes. We may, at our sole discretion, offer a re-render, credit, or refund in a specific case, and doing so does not obligate us to do so again. If you initiate a chargeback that we reasonably believe is invalid, we may suspend your account and recover our costs of responding.

We may offer free previews, trials, credits, or other promotions, and may require a valid payment method to access them. Previews and promotions are provided at our sole discretion, may be limited in length, quantity, watermarking, or features, may be modified or withdrawn at any time without notice, and create no entitlement to any continued offering. Preview content may not be published or used commercially unless and until the corresponding purchase is completed. We may deny promotional access where we detect abuse, including duplicate accounts.

By creating an account or providing your contact information, you consent to receive transactional and service communications from us (such as login codes, order updates, and delivery notifications) by email and, if you provide a phone number, by SMS/text message. If you separately opt in to marketing messages, you consent to receive them as well. Consent to marketing messages is not a condition of any purchase.

Message frequency varies, and message and data rates may apply. Reply STOP to any text to opt out and HELP for help, or manage preferences in your account. Opting out of transactional messages may limit Service functionality (for example, text-message login or delivery links). We are not responsible for delayed or undelivered messages caused by carriers or other factors outside our control.

You agree not to, and not to permit anyone to:

• use the Service for any unlawful, deceptive, discriminatory, defamatory, or infringing purpose, or to market a property you are not authorized to market;
• upload content that is unlawful, harmful, hateful, sexually explicit, or that violates any third-party right;
• reverse engineer, decompile, scrape, crawl, or data-mine the Service, or access it by automated means other than our published interfaces;
• circumvent, disable, or abuse usage limits, credits, previews, payment requirements, or security measures, including by creating multiple accounts;
• resell, sublicense, white-label, or offer the Service to third parties as your own service without our written agreement;
• use the Service or its outputs to develop or train a competing product or any machine-learning model; or
• interfere with or disrupt the integrity or performance of the Service.

We may investigate suspected violations and may suspend or terminate access, remove content, withhold or revoke credits, and cooperate with law enforcement, all without liability to you.

The Service — including our software, models, prompts, templates, music and video production systems, site design, wordmark, logos, and all other content we provide other than Your Content — is owned by ListingSong or its licensors and is protected by intellectual property laws. Except for the limited licenses expressly granted in these Terms, no rights are granted to you, whether by implication, estoppel, or otherwise. You may not use our name, logo, or trademarks without our prior written consent.

If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without compensation or attribution.

We respect intellectual property rights and will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). Send notices identifying the copyrighted work, the allegedly infringing material and its location, your contact information, the statements required by 17 U.S.C. § 512(c)(3), and your physical or electronic signature to support@listingsong.com with the subject line “DMCA Notice.” We may remove content, terminate repeat infringers, and forward notices to the affected user.

The Service depends on and links to third-party services — including listing-data providers, AI generation providers, payment processors, messaging carriers, hosting, and social platforms where you may share content. Those services are governed by their own terms and privacy policies, we do not control them, and we are not responsible or liable for their availability, accuracy, security, or conduct, or for any loss arising from your use of them. Your sharing of content on any social or listing platform is subject to that platform’s rules, and you are responsible for complying with them.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, ALL GENERATED CONTENT, AND ALL DATA AND MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that Generated Content will be accurate, unique, protectable, or suitable for your purposes; or that using the Service will produce any particular marketing result, engagement, impressions, leads, listings, or sales. Any statistics, examples, or testimonials shown on the Service describe individual experiences and are not promises of results. No advice or information obtained from us creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL LISTINGSONG OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST COMMISSIONS, LOST DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

The exclusions and limitations in this section apply regardless of the theory of liability (contract, tort, negligence, strict liability, statute, or otherwise) and even if a remedy fails of its essential purpose. They do not apply to liability that cannot be limited by law. You agree that the pricing of the Service reflects this allocation of risk and that these limits are a fundamental basis of the bargain between you and us.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless ListingSong and its owners, officers, employees, contractors, agents, suppliers, and licensors from and against any claims, demands, investigations, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content; (b) your use, publication, or distribution of any Generated Content; (c) your use of the Service; (d) your violation of these Terms or of any law, regulation, MLS or association rule, or brokerage policy; or (e) your violation of any third-party right, including intellectual-property, publicity, privacy, or fair-housing rights. We may assume the exclusive defense and control of any matter subject to indemnification by you (at your expense), and you agree to cooperate with our defense. You may not settle any such claim without our prior written consent.

PLEASE READ THIS SECTION CAREFULLY — IT REQUIRES ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS AND WAIVES JURY TRIALS AND CLASS ACTIONS.

Informal resolution first. Before filing any claim, you agree to contact us at support@listingsong.com with a written description of the dispute and to negotiate in good faith for at least 60 days. Most concerns can be resolved this way.

Binding arbitration. Except for disputes that qualify for small-claims court or claims for injunctive relief relating to intellectual property or unauthorized access, any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator, in English, on an individual basis, and may proceed by videoconference or written submissions. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action and jury waiver. YOU AND LISTINGSONG EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity, and the arbitrator may award relief only to the individual party seeking it.

Opt-out. You may opt out of this arbitration agreement by emailing support@listingsong.com with the subject “Arbitration Opt-Out,” your name, and the email on your account within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

Time limit. To the maximum extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim accrues, or it is permanently barred.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the state in which ListingSong maintains its principal place of business, without regard to conflict-of-law principles, and by the Federal Arbitration Act with respect to Section 18. For any matter not subject to arbitration, you and ListingSong consent to the exclusive jurisdiction and venue of the state and federal courts located in that state, and you waive any objection to that venue.

You may stop using the Service at any time. We may suspend or terminate your access to all or part of the Service at any time, with or without cause or notice, at our sole discretion, including for any suspected violation of these Terms. Upon termination, your licenses from us end, and any unused credits or promotional balances are forfeited without refund except where required by law; licenses you properly obtained to previously purchased Generated Content survive for content already delivered.

Sections of these Terms that by their nature should survive termination do survive, including Sections 4–7 and 11–22.

We may update these Terms at any time. When we do, we will post the updated Terms on this page and revise the “Last updated” date, and we may provide additional notice for material changes. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms; if you do not agree, your sole remedy is to stop using the Service.

These Terms, together with the Privacy Policy and any terms presented at purchase or enrollment (such as auto-pay authorizations), constitute the entire agreement between you and ListingSong regarding the Service and supersede all prior agreements on that subject. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force; if the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court rather than arbitration.

You may not assign these Terms without our prior written consent; we may assign them freely, including in connection with a merger, sale, or reorganization. Our failure to enforce a provision is not a waiver. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of third-party providers, carriers, or infrastructure. You consent to receive notices and to transact with us electronically, and you agree that electronic records and signatures satisfy any writing requirement. Nothing in these Terms creates any partnership, agency, employment, or fiduciary relationship, and there are no third-party beneficiaries.

Questions about these Terms? Email support@listingsong.com or call (877) 413-0316 (9–5 pm EST, weekdays).