Terms of Service

Welcome to Realestate.ai. These Terms of Service ("Terms") govern your access to and use of the Realestate.ai platform, website, and services (collectively, the "Service") operated by LOOPSU PTY LTD.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of a business, organisation, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity you represent.

2. Service Description

Realestate.ai is a software-as-a-service (SaaS) platform that provides AI-powered tools for Australian real estate professionals to create property listings. Our Service includes:

• AI Property Lookup: Automated retrieval of property information from publicly available sources
• AI Copy Generation: Automated generation of property descriptions, headlines, and marketing copy
• Image Enhancement: AI-powered image enhancement and virtual staging capabilities
• AI Video Generation: Creation of property marketing videos using AI technology
• AI Price Guidance: Analysis of comparable sales to provide indicative price ranges
• Export Packaging: Compilation and download of listing materials

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Be a resident of Australia or have a valid Australian business presence
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws

4. User Accounts

4.1 Account Creation

To access the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the accuracy of your account information.

4.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorised use of your account or any other security breach.

4.3 One Account Per User

Unless you have an Enterprise subscription with multiple team members, each individual user must maintain only one account. Creating multiple accounts to circumvent usage limits or for any other purpose is prohibited.

5. Subscriptions & Billing

5.1 Subscription Plans

We offer various subscription tiers with different pricing and credit allocations to suit different user needs. Current subscription plans, pricing, and included features are available on our Pricing page. Enterprise and custom plans may be available upon request by contacting our sales team.

5.2 Billing

Subscriptions are billed monthly in advance in Australian Dollars (AUD). Payment is processed through our third-party payment processor, Stripe. By subscribing, you authorise us to charge your designated payment method for the subscription fees.

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can manage your subscription and cancel at any time through your account dashboard or Stripe Customer Portal.

5.4 Price Changes

We reserve the right to change subscription prices upon 30 days' notice. Price changes will take effect at the start of your next billing cycle after the notice period.

5.5 Refunds

Subscription fees are generally non-refundable except where required by Australian Consumer Law. If you believe you are entitled to a refund, please contact our support team.

5.6 Failed Payments

If a payment fails, we may suspend your access to the Service until payment is successfully processed. We will attempt to notify you of any payment issues.

6. Credit System

6.1 Credit Allocation

Credits are allocated according to your subscription plan and reset at the start of each billing cycle. One credit equals one property listing job.

6.2 Credit Usage

A credit is consumed when you create a new property listing job. Once consumed, credits cannot be recovered regardless of whether you complete the listing or not.

6.3 Credit Expiry

Unused credits do not roll over to the next billing period. Credits expire at the end of each billing cycle.

6.4 Zero Credits

If you have zero remaining credits, you may continue working on existing jobs but cannot create new listing jobs until your credits reset or you upgrade your plan.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Upload or transmit any content that is defamatory, obscene, fraudulent, or infringes on any third party's rights
• Attempt to gain unauthorised access to the Service, other users' accounts, or our systems
• Use the Service to generate misleading, false, or deceptive property listings
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without our prior written consent
• Resell, sublicense, or commercially exploit the Service without authorisation
• Circumvent any usage limits, credit systems, or access controls
• Upload images that you do not have the right to use or that contain illegal content
• Use the Service in a manner that could damage, disable, or impair the Service

8. User Content

8.1 Your Content

You retain ownership of all content you upload to the Service, including property images, descriptions, and other materials ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, process, and display your User Content solely to provide the Service to you.

8.2 Content Responsibility

You are solely responsible for your User Content and represent that:

• You own or have the necessary rights to use and authorise us to use the User Content
• The User Content does not infringe any third party's intellectual property or other rights
• The User Content is accurate and not misleading
• The User Content complies with all applicable laws and regulations

8.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is objectionable or harmful.

9. AI-Generated Content

9.1 Nature of AI Content

The Service uses artificial intelligence to generate property descriptions, analyse data, enhance images, and create videos. AI-generated content is produced algorithmically and may contain errors, inaccuracies, or hallucinations.

9.2 Your Responsibility

You are solely responsible for reviewing, editing, and verifying all AI-generated content before use. You must ensure that any content you publish or distribute:

• Accurately represents the property
• Complies with Australian Consumer Law, including prohibitions on misleading or deceptive conduct
• Complies with real estate advertising regulations in your state or territory
• Does not make false claims about the property

9.3 Price Guidance Disclaimer

AI-generated price guidance is for informational purposes only and does not constitute a formal property valuation. Price estimates are based on publicly available data and should not be relied upon as accurate. For formal valuations, consult a licensed property valuer.

9.4 Virtual Staging Disclosure

If you use virtual staging features, you are responsible for clearly disclosing that images have been digitally altered, in accordance with applicable laws and real estate industry standards.

10. Intellectual Property

10.1 Our Intellectual Property

The Service, including its design, features, functionality, software, and all related intellectual property, is owned by LOOPSU PTY LTD or our licensors. These Terms do not grant you any rights to use our trademarks, logos, or brand features.

10.2 AI Output Ownership

Subject to our intellectual property rights in the underlying technology, you own the output generated by the Service using your User Content, including AI-generated descriptions and enhanced images, for use in connection with your property listings.

10.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without compensation to you.

11. Disclaimers

11.1 Service Provided "As Is"

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, AND NON-INFRINGEMENT.

11.2 No Guarantee

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• AI-generated content will be accurate, complete, or suitable for any purpose
• Property data retrieved will be current or accurate
• The Service will meet your specific requirements

11.3 Third-Party Services

The Service integrates with third-party services for AI processing, payment processing, and data retrieval. We are not responsible for the performance, availability, or policies of these third-party services.

11.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOOPSU PTY LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

12.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 AUD.

12.3 Basis of Bargain

The limitations in this section reflect a reasonable allocation of risk and are a fundamental element of the basis of the bargain between you and us.

13. Indemnification

You agree to indemnify, defend, and hold harmless LOOPSU PTY LTD, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third party's rights

14. Termination

14.1 Termination by You

You may terminate your account at any time by cancelling your subscription through the account dashboard or by contacting us. Upon cancellation, your subscription will remain active until the end of your current billing period.

14.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach any provision of these Terms
• Your payment fails and is not remedied within a reasonable time
• We are required to do so by law
• We cease to offer the Service

14.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will cease immediately
• We may delete your User Content and account data after a reasonable retention period
• Any provisions of these Terms that by their nature should survive termination will survive

15. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Effective Date" at the top. Your continued use of the Service after any changes indicates your acceptance of the updated Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes arising from or relating to these Terms or the Service.

17. Contact Information

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