Terms of Service

Last updated: May 18, 2026

Please read these Terms of Service ("Terms") carefully before using the website and platform operated by ListingWizard.ai ("ListingWizard," "we," "us," or "our"). By creating an account, clicking "I agree," or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

ListingWizard provides an AI-powered real estate marketing platform that allows licensed real estate professionals ("Users") to generate listing descriptions, marketing copy, graphics, and related content for real property listings. The Service includes the web application at listingwizard.ai, associated APIs, and any related tools or features (collectively, the "Service").

The Service is intended for use by real estate professionals operating in compliance with applicable licensing laws. Use of the Service does not constitute legal, financial, or real estate advice.

2. Accounts

You must provide accurate, complete, and current account information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms.

3. User Content

3.1 What Is User Content

"User Content" means all materials you upload, submit, or otherwise transmit through the Service, including property photographs, listing data, agent headshots and logos, writing samples, and any other content ("User Content").

3.2 Your Ownership; License to Us

You retain ownership of your User Content. By uploading or submitting User Content, you grant ListingWizard a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, process, and transmit your User Content solely to provide the Service to you. This license terminates when you delete the content or close your account, subject to reasonable technical delay and any legal hold obligations.

We do not use your User Content to train, fine-tune, or improve any AI model, whether operated by us or a third party.

3.3 Your Representations and Warranties

By uploading any User Content, you represent and warrant that:

1. You own the content or have obtained all necessary rights, licenses, and permissions from the copyright holder (including any professional photographer) to upload, display, and process the content on this platform for the purposes described in these Terms.
2. Your User Content does not infringe the copyright, trademark, trade secret, right of publicity, privacy rights, or any other intellectual property or proprietary right of any third party.
3. You have obtained any necessary consents from identifiable individuals who may appear in your User Content, or — where possible — such individuals do not appear in the content.
4. Your User Content does not contain content that is unlawful, defamatory, obscene, or in violation of any applicable law or regulation, including Fair Housing laws.
5. If the photographs were taken by a professional photographer, your license to use them expressly covers use on third-party AI-powered marketing platforms.

3.4 Photography and Copyright Advisory

Real estate photographers typically retain the copyright to photographs they take and license usage rights to their clients. Standard MLS-use licenses may not cover upload to third-party AI platforms. Before uploading photographs:

• Review your contract or license agreement with your photographer.
• Confirm the license covers use on AI marketing platforms, or obtain written permission.
• Do not upload photographs sourced directly from the MLS without confirming your rights to use them on third-party platforms.

3.5 Photos of People

Property photographs should not include identifiable images of people (other than your own professional headshot in your profile). Photographs containing identifiable persons may implicate right-of-publicity and biometric-privacy laws in certain states. You are responsible for obtaining any required consents before uploading such content.

3.6 Prohibited Content

You may not upload or submit content that:

• Infringes any third party's intellectual property or privacy rights
• Violates any applicable law, including Fair Housing Act requirements
• Contains malware, viruses, or malicious code
• Is false, misleading, or fraudulent
• Depicts illegal activity or constitutes harassment or abuse

We reserve the right to remove any User Content that violates these Terms at our sole discretion and without notice.

4. AI Processing of Your Content

The Service uses third-party AI services to analyze photographs and generate marketing content. By using the Service, you acknowledge that:

• Property photographs you upload may be transmitted to OpenAI and/or Anthropic for analysis and content generation.
• Listing data (property details, descriptions) may be transmitted to Anthropic, OpenAI, and/or Google (Gemini) for content generation.
• These providers process your content subject to their own terms of service and data processing agreements.
• AI-generated content is provided as a starting point and may require your review and editing for accuracy, compliance, and tone before publication.

You are solely responsible for reviewing all AI-generated output for accuracy, compliance with applicable MLS rules, Fair Housing laws, and any other legal requirements before publishing or distributing it.

5. Copyright and DMCA

5.1 Our Policy

ListingWizard respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). We will respond to valid notices of alleged copyright infringement and, where appropriate, disable access to or remove infringing content. Repeat infringers will have their accounts terminated.

5.2 Reporting Infringement (Takedown Notice)

If you believe content on the Service infringes your copyright, send a written notification containing all of the following to our designated DMCA agent:

1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it (e.g., URL).
4. Your contact information: name, address, telephone number, and email address.
5. A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or applicable law.
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Send takedown notices to our designated DMCA agent at: [email protected]

Incomplete or inaccurate notices may not receive a response. Submitting a false takedown notice may expose you to liability under 17 U.S.C. § 512(f).

5.3 Counter-Notice

If you believe content was removed in error, you may send a counter-notice to [email protected] containing: (i) your physical or electronic signature; (ii) identification of the removed content and its prior location; (iii) a statement under penalty of perjury that you have a good-faith belief the content was removed in error; and (iv) your name, address, telephone number, and a statement that you consent to jurisdiction in the federal district court for your address. We will forward valid counter-notices to the original complainant.

6. ListingWizard's Intellectual Property

The Service, including its software, design, AI models, brand identity, and all content created by or on behalf of ListingWizard (excluding User Content), is owned by or licensed to ListingWizard and protected by copyright, trademark, and other laws. Nothing in these Terms grants you any right to use our trademarks, trade names, or service marks.

You retain ownership of AI-generated output created from your User Content. ListingWizard does not claim ownership of listing descriptions, social captions, or other output generated for you through the Service.

7. Subscriptions and Billing

Subscriptions are billed in advance on a recurring basis. All fees are non-refundable except as required by applicable law. You authorize us to charge your payment method on file for all amounts owed.

• Free trial — A free trial, if offered, must be cancelled before the trial period ends to avoid being charged. Failure to cancel results in automatic enrollment in the selected paid plan.
• Cancellation — You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; no pro-rata refunds are issued.
• Price changes — We will provide at least 30 days' notice of any price change. Continued use after the effective date constitutes acceptance.
• Payment processing — Payments are processed by Stripe, Inc. We do not store your card number. See stripe.com/privacy.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS. AI-GENERATED OUTPUT IS PROVIDED WITHOUT GUARANTEE OF ACCURACY, COMPLETENESS, OR COMPLIANCE WITH ANY MLS, FAIR HOUSING, OR OTHER REGULATORY REQUIREMENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTINGWIZARD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless ListingWizard and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any third-party rights, including copyright, trademark, or privacy rights.

11. Termination

Either party may terminate these Terms at any time. You may terminate by closing your account. We may terminate or suspend your access immediately, without notice or liability, if you breach these Terms. Upon termination, your license to use the Service ends and we may delete your account data, subject to our data retention obligations. Sections 3.3, 5, 8, 9, 10, 12, and 13 survive termination.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising under or related to these Terms that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in English. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction for claims involving intellectual property or unauthorized access to the Service.

13. Modifications

We may update these Terms at any time. We will provide at least 14 days' notice of material changes by email or in-app notification. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. General

• Entire agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and ListingWizard regarding the Service.
• Severability — If any provision is found unenforceable, the remaining provisions remain in full effect.
• No waiver — Failure to enforce any provision does not constitute a waiver of our right to enforce it later.
• Assignment — You may not assign these Terms without our prior written consent. We may assign them freely.

15. Contact

Questions about these Terms should be directed to: