Terms of Service

Last Updated: February 2, 2026

These Terms of Service ("Terms") govern your access to and use of the Listing Kit Studio website and services (the "Service"). By using the Service, you agree to these Terms.

If you do not agree, do not use the Service.

1. Who We Are

The Service is operated by Listing Kit Studio, LLC ("Company," "we," "us," "our").

2. The Service

Listing Kit Studio is a web-based platform for real estate professionals to create marketing materials from listing data and uploaded photos, including social story graphics, short videos, print flyers, and email templates.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service.

4. Accounts and Security

You are responsible for:

• Providing accurate registration information,
• Maintaining the confidentiality of your credentials, and
• All activity under your account.

Notify us promptly if you suspect unauthorized access.

If Customer Data includes personal data subject to applicable data protection laws, the Data Processing Addendum (DPA) applies and is incorporated by reference.

5. Subscriptions, Billing, and Cancellation

Plans may include Free, Pro, and Team tiers (as displayed in the Service).

• Fees are billed in advance on a recurring basis (monthly or annually, depending on what you choose).
• Payments are processed by Stripe.
• You may cancel anytime; cancellation stops future renewals and you retain access to paid features through the end of the current billing period.

No refunds for partial billing periods unless required by law or explicitly stated in a written offer by us.

Price changes: We may change prices or plan features with reasonable notice. Your continued use after the effective date means you accept the change.

Taxes: You are responsible for any applicable taxes (other than taxes on our income).

Storage and Content Retention (Not an Archival Service). The Service is designed to help you create and manage marketing kits and outputs; it is not intended to function as a permanent file-archival or backup service. While your subscription is active, we will store your uploaded content and associated kit data to provide the Service. We may impose reasonable storage, size, or usage limits by plan (including limits on the number of kits, total uploaded content, and output generation), and we may modify those limits from time to time with reasonable notice. If your subscription ends, we will delete your uploads and associated kit content within 60 days after the end of the subscription period, except to the extent we must retain certain information for legal, tax, accounting, fraud prevention, or security purposes, or where data remains in routine backups until overwritten.

6. Acceptable Use

You agree not to:

• Upload content that is unlawful, infringing, deceptive, defamatory, or violates privacy/publicity rights,
• Use the Service for spam, harassment, or illegal marketing,
• Reverse engineer, decompile, or attempt to extract source code,
• Use bots/scrapers or attempt unauthorized access,
• Interfere with or disrupt the Service.

We may suspend or terminate accounts that violate these Terms.

7. Your Content, Permissions, and Responsibility

Your Content includes listing details, text, photos, logos, headshots, and other materials you upload.

You represent and warrant that:

• You own your Content or have the rights and permissions to use it (including MLS/photos and any third-party images), and
• Your Content does not infringe copyrights, trademarks, or privacy/publicity rights.

You are responsible for how you use outputs in commerce, including compliance with MLS rules, brokerage policies, state real estate advertising rules, and platform policies.

8. License You Grant Us

You retain ownership of your Content.

You grant us a limited, non-exclusive, worldwide license to host, store, reproduce, modify (only as needed for formatting), and process your Content solely to operate the Service and generate your outputs (and maintain backups/security).

9. Generated Outputs

Marketing materials generated by the Service for your account (stories, videos, flyers, emails) are yours to use for real estate marketing.

We do not claim ownership of your Generated Outputs.

10. Our Intellectual Property

The Service (software, design, branding, features, and underlying technology) is owned by us and protected by intellectual property laws. Except for the limited rights expressly granted, no rights are transferred to you.

11. Feedback

If you provide feedback or suggestions, you grant us a right to use it without restriction or compensation.

12. Third-Party Services

The Service relies on third-party services (e.g., Supabase, Vercel, Stripe).

We are not responsible for outages or failures caused by third-party services beyond our reasonable control.

13. Termination

You may stop using the Service at any time.

We may suspend or terminate access:

• If you violate these Terms,
• If required for security or legal reasons, or
• If we discontinue the Service.

Upon termination, your access ends, and we may delete your Content and data consistent with our Privacy Policy and legal obligations.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that generated marketing materials are error-free or compliant with every MLS/brokerage/state requirement. You are responsible for reviewing outputs before publishing.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $100 IF YOU HAVE NOT PAID ANYTHING).

16. Indemnification

You agree to indemnify and hold us harmless from claims arising out of:

• Your Content,
• Your use of the Service or Generated Outputs,
• Your violation of these Terms, or
• Your violation of laws/third-party rights (including copyright/privacy).

17. Copyright / DMCA

If you believe content on the Service infringes your copyright, contact us with:

• Identification of the copyrighted work,
• The allegedly infringing material and its location,
• Your contact info,
• A statement of good-faith belief, and
• A statement under penalty of perjury that your notice is accurate and you are authorized to act.

We will respond consistent with applicable law.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, excluding conflict of law rules. Any dispute not subject to mandatory arbitration (if adopted separately) must be brought in state or federal courts located in Texas, and you consent to jurisdiction and venue there.

19. Changes to These Terms

We may update these Terms from time to time. We will post updated Terms and update the "Last Updated" date. Continued use after changes take effect means you accept the updated Terms.

20. Contact

Questions about these Terms: contact us.