Terms of Service

2. What ListingSong provides

ListingSong helps real estate professionals create marketing assets for property listings, including songs, lyrics, captions, audio files, videos, thumbnails, previews, share pages, and related creative material. The Services may use AI systems, automated media processing, third-party data providers, payment processors, hosting providers, analytics, email providers, and other vendors to produce and deliver those materials.

The Services are marketing and creative tools. We are not a real estate broker, MLS, legal advisor, advertising compliance reviewer, appraisal provider, mortgage provider, insurance provider, or financial advisor. We do not verify that a listing, property description, claim, photo, price, school information, neighborhood information, broker attribution, or advertising use is accurate, current, complete, lawful, or compliant with your professional obligations.

3. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract to use the Services.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You must provide accurate account, billing, contact, agent, brokerage, referral, and order information and keep it reasonably current.
• You may not impersonate another person, misrepresent your brokerage affiliation, create accounts through automated means, or use another user's account without permission.
• We may refuse, suspend, or terminate accounts or orders when we believe use of the Services violates these Terms, creates risk, causes operational burden, or may harm ListingSong, users, property owners, platforms, vendors, or the public.

4. Your content and authority to use listing materials

You may submit, upload, enter, provide, authorize us to retrieve, or otherwise make available information, files, URLs, text, names, likenesses, logos, headshots, listing details, property data, photos, videos, brokerage information, prompts, feedback, and other materials ("User Content"). You remain responsible for User Content and for how you use the Services and outputs.

You represent and warrant that you have all rights, licenses, consents, permissions, and authority needed for us to access, copy, process, transform, host, display, distribute, and otherwise use User Content to provide the Services and for you to use and share the resulting outputs. This includes rights related to listing photos, MLS data, brokerage marks, agent names and images, seller approvals, property owner approvals, music/video advertising approvals, and any third-party platform rules that apply to your marketing.

• Do not submit listing materials unless you are authorized to use them for the requested marketing purpose.
• Do not submit confidential, non-public, sensitive, or regulated information unless it is necessary and you are authorized to do so.
• Do not submit material that infringes intellectual property, privacy, publicity, contract, MLS, brokerage, platform, fair housing, consumer protection, advertising, or other rights or laws.
• You grant ListingSong a worldwide, non-exclusive, sublicensable, transferable, royalty-free license to host, copy, process, modify, create derivative works from, display, perform, distribute, and otherwise use User Content as needed to provide, maintain, protect, improve, and promote the Services, create and deliver outputs, provide support, detect abuse, and comply with law.

5. Generated outputs and your responsibility for use

The Services may generate songs, lyrics, audio, captions, videos, thumbnails, titles, descriptions, and other creative or informational outputs ("Outputs"). Subject to your compliance with these Terms, ListingSong grants you a non-exclusive, worldwide license to download, copy, display, perform, distribute, publish, and use the Outputs for lawful real estate marketing and related business purposes.

AI and automated systems can produce inaccurate, offensive, incomplete, similar, unexpected, or non-compliant material. You are solely responsible for reviewing and approving every Output before publication, distribution, posting, advertising, display, or other use. You must independently verify property facts, prices, status, attribution, claims, music and visual content, disclosures, fair housing compliance, brokerage rules, MLS rules, platform rules, and applicable law.

• We do not guarantee that Outputs are unique, protectable, exclusive, copyrightable, non-infringing, available for trademark use, platform-compliant, MLS-compliant, fair-housing-compliant, or suitable for any particular marketing campaign.
• Other users may receive same or similar lyrics, melodies, captions, layouts, prompts, styles, ideas, or media treatments.
• You may not represent that an Output was reviewed, endorsed, approved, sponsored, or guaranteed by ListingSong, any listing platform, MLS, brokerage, seller, property owner, or third-party provider unless you have express written permission.
• We may include ListingSong branding or watermarks unless your product tier, written agreement, or feature settings state otherwise.

6. Real estate, advertising, and platform compliance

You are solely responsible for ensuring your use of the Services and Outputs complies with all laws, regulations, professional duties, license rules, brokerage policies, MLS rules, listing syndication terms, advertising disclosure requirements, fair housing requirements, equal opportunity requirements, intellectual property rules, privacy and publicity laws, telemarketing and email rules, and social media or marketplace platform terms that apply to you.

Do not use the Services or Outputs to make false, misleading, discriminatory, deceptive, unsubstantiated, outdated, or unlawful claims about a property, neighborhood, school, buyer, seller, protected class, financing, availability, price, investment return, appraisal value, rental income, safety, crime, environmental conditions, or other material fact.

7. Orders, payments, promotions, and refunds

• Prices, discounts, credits, referral rewards, free offers, taxes, and product availability may change at any time before purchase.
• You authorize us and our payment processors to charge the payment method you provide for purchases, taxes, fees, upgrades, add-ons, and other amounts you approve.
• Unless a checkout page, written offer, or applicable law says otherwise, custom creative work, downloaded assets, completed renders, and production costs are non-refundable once production begins.
• We may issue refunds, credits, rerenders, replacements, or other accommodations at our discretion, but doing so once does not require us to do so again.
• Promotions, free offers, and referral programs may be modified, limited, suspended, or ended at any time, and may be denied for abuse, self-referrals, duplicate accounts, fraud, ineligible activity, or technical error.

8. Acceptable use

You may use the Services only for lawful, authorized, and commercially reasonable purposes. You agree not to misuse the Services or help anyone else misuse them.

• Do not violate law, contracts, third-party terms, intellectual property rights, privacy rights, publicity rights, fair housing laws, anti-discrimination laws, advertising rules, MLS rules, brokerage policies, or platform policies.
• Do not submit malware, attempt unauthorized access, bypass security, scrape or harvest the Services, overload infrastructure, reverse engineer non-public systems, or interfere with service operation.
• Do not use the Services to create or distribute hateful, harassing, exploitative, pornographic, defamatory, deceptive, fraudulent, political persuasion, unlawful, or dangerous content.
• Do not use the Services to generate spam, phishing, impersonation, scams, fake endorsements, fake reviews, misleading testimonials, synthetic identity materials, or content designed to deceive people about material facts.
• Do not remove proprietary notices, conceal required disclosures, resell the Services as a standalone service without permission, or use the Services to train competing AI models or media-generation systems.

9. Third-party services and content

The Services may interact with third-party websites, listing sources, data providers, AI providers, payment processors, hosting providers, email providers, analytics providers, social media platforms, download services, and other third parties. Third-party services and content are not controlled by ListingSong and may be subject to separate terms, privacy policies, usage limits, fees, outages, data restrictions, and compliance obligations.

We are not responsible for third-party services or content, including listing data accuracy, provider availability, takedowns, platform moderation decisions, payment processor errors, social network changes, or third-party terms that restrict your use of listing materials or outputs.

10. ListingSong ownership

ListingSong and its licensors retain all rights, title, and interest in and to the Services, software, designs, templates, workflows, interfaces, code, models, prompts, documentation, trademarks, logos, styles, systems, know-how, and other technology or materials we provide. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

If you submit feedback, suggestions, ideas, requests, or improvements, you grant ListingSong a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation.

11. Copyright complaints and takedowns

If you believe content on the Services infringes your copyright or other rights, contact support@listingsong.com with enough information for us to evaluate the request, including the work claimed to be infringed, the allegedly infringing material, your contact information, a statement that you have a good-faith belief the use is unauthorized, and a statement that the information you provide is accurate. We may remove, disable, or restrict content or accounts at our discretion and as required by law.

12. Changes, availability, and beta features

We may modify, suspend, discontinue, limit, or replace any part of the Services at any time. Some features may be experimental, in beta, rate-limited, delayed, unavailable, or changed without notice. We do not guarantee uninterrupted availability, render times, delivery times, compatibility, storage duration, or that any asset will remain hosted or downloadable indefinitely.

13. Privacy

Our Privacy Policy explains how we collect, use, disclose, retain, and protect information. By using the Services, you acknowledge our Privacy Policy. You are responsible for providing any notices and obtaining any consents required before submitting personal information, names, likenesses, listing materials, seller information, customer information, or other data to the Services.

14. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless ListingSong, its owners, officers, directors, employees, contractors, vendors, licensors, service providers, and affiliates from and against all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to your User Content, your use of the Services or Outputs, your violation of these Terms, your violation of law or third-party rights, your real estate or advertising activities, your relationship with buyers, sellers, brokerages, MLSs, platforms, or customers, or your failure to obtain required rights, permissions, consents, approvals, or disclosures.

15. Disclaimers

To the fullest extent permitted by law, the Services and Outputs are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, uniqueness, compliance, or error-free operation.

We do not warrant that the Services or Outputs will meet your requirements, produce a desired result, increase leads, create sales, satisfy sellers, comply with professional or platform rules, avoid complaints, or be accepted by any MLS, brokerage, social platform, advertising network, buyer, seller, regulator, or other third party.

16. Limitation of liability

To the fullest extent permitted by law, ListingSong and its owners, officers, directors, employees, contractors, vendors, licensors, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, lost profits, lost revenue, lost business, lost goodwill, lost data, substitute services, reputational harm, platform enforcement, listing delays, failed transactions, or real estate, advertising, or compliance consequences, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the Services, Outputs, or these Terms will not exceed the greater of the amount you paid to ListingSong for the specific order or service giving rise to the claim during the three months before the event giving rise to liability, or one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations, so some limits may not apply to you.

17. Suspension and termination

You may stop using the Services at any time. We may suspend or terminate access to the Services, remove content, cancel orders, disable downloads, or refuse future service if we believe you violated these Terms, created risk, caused legal exposure, abused promotions, failed to pay, infringed rights, or used the Services in a way that may harm ListingSong, users, vendors, platforms, or third parties.

Sections that by their nature should survive termination will survive, including ownership, payment obligations, privacy, disclaimers, limitation of liability, indemnification, dispute terms, and any licenses needed to operate, secure, and enforce the Services.

18. Governing law and disputes

These Terms are governed by the laws applicable to the ListingSong entity or person operating the Services, without regard to conflict-of-law rules, except where applicable law requires otherwise. You and ListingSong will first try to resolve disputes informally by emailing support and giving the other party at least 30 days to respond.

To the fullest extent permitted by law, claims must be brought individually and not as a plaintiff or class member in any class, consolidated, representative, collective, or private attorney general action. You and ListingSong waive any right to a jury trial where that waiver is permitted by law.

19. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted on this page with a new last updated date. If changes are material, we may provide additional notice through the Services, email, or other reasonable means. Continued use of the Services after changes become effective means you accept the updated Terms.

20. Contact

Questions about these Terms can be sent to support@listingsong.com. Please include enough information for us to identify your account, order, or request.