Terms of Service

Please read carefully

These Terms include a mandatory binding arbitration agreement and a class-action waiver (Section 22). They also confirm that all payments are non-refundable (Section 7) and that you assume sole responsibility for the content you upload and how you use our outputs (Sections 5, 11). By creating an account or using the Platform, you accept these Terms.

These Terms of Service (“Terms”) constitute a binding legal agreement between you (“you,” “your,” or “Customer”) and Better Listing Media LLC (“Better Listing Media,” “we,” “us,” or “our”) governing your access to and use of the Better Listing Media platform at betterlistingmedia.com and its subdomains, applications, and related services (collectively, the “Platform” or “Service”).

By creating an account, paying for credits, submitting an order, or otherwise using the Platform, you represent that you (i) have read these Terms and our Privacy Policy, Refund & Reprocessing Policy, AI Processing Disclosure, Media Licensing Policy, Acceptable Use Policy, Real-Estate Use & Disclosure Policy, and DMCA Copyright Policy (collectively, the “Policies,” each incorporated by reference); (ii) have the legal capacity and authority to enter into these Terms (and, if acting for an entity, to bind it); and (iii) agree to be legally bound by these Terms and the Policies.

If you do not agree to these Terms, do not access or use the Platform.

1. What Better Listing Media is

The Platform is a technology platform for real-estate media that combines three things:

• A marketplace that helps real-estate agents (“Agents”) discover and book independent photographers and studios (“Photographers”), and helps Photographers publish branded storefronts and accept bookings;
• AI-assisted media services — automated editing of real-estate photography (such as HDR merge, virtual twilight, virtual staging, sky replacement, object removal, and image optimization) and AI-assisted text and marketing tools (such as listing descriptions, market analyses, market reports, and marketing kits); and
• White-label delivery — branded storefronts, booking pages, client-delivery galleries, and related tooling, plus pay-per-use, credit, and subscription billing.

What we are not. Except for our own subscriptions, credits, and editing services that we sell to you directly, we are a venue and facilitator — not the provider of photography services, not the employer or agent of any Photographer, and not a party to the agreement between an Agent and a Photographer (see Section 9). We do not provide legal, real-estate, brokerage, appraisal, insurance, or marketing advice, and our AI outputs are software products, not professional opinions (see Section 5 and our AI Processing Disclosure).

2. Eligibility

You must be at least 18 years of age and competent to enter into binding contracts under the laws of your jurisdiction. If you use the Platform on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity and that all references to “you” also refer to that entity. The Platform is not intended for use by individuals on any U.S. or other applicable government sanctions, denied-party, or restricted-party list.

3. Accounts and access

3.1 Registration

You must provide accurate, complete, and current information when creating an account. You are responsible for all activity that occurs under your account, including activity by employees, contractors, or agents you authorize. You agree to notify us at support@betterlistingmedia.com immediately upon discovering any unauthorized use of your account or credentials.

3.2 Single-user accounts; no sharing

Each account is licensed to a single Customer entity. You may not share credentials with any party outside your authorized organization, resell or sublicense your account, or transfer your account to another person or entity without our prior written consent.

3.3 Suspension and termination

We may suspend, restrict, or terminate any account at our sole discretion, with or without notice, for actual or suspected violation of these Terms, abusive or unlawful behavior, non-payment, security risk, fraud, chargeback activity, or any conduct that we determine harms the Platform, other users, or our reputation.

4. Source media — sole responsibility

You retain ownership of the source files you upload (subject to the limited license you grant us in Section 10). You are solely responsible for the content of those files. By uploading any media you represent, warrant, and covenant that:

• you own or hold all necessary rights, licenses, releases, and permissions to upload the media and to have it processed by an AI editing service, including (where applicable) signed model releases, property releases, and brokerage authorizations;
• the media does not infringe, violate, or misappropriate any copyright, trademark, trade secret, right of publicity, right of privacy, contract right, or other right of any third party;
• the media does not depict minors in any unsafe or sexualized context, does not depict unlawful content, and does not contain anything our Acceptable Use rules prohibit (Section 14);
• any use you make of the AI-edited outputs in real-estate marketing complies with the rules of your MLS, brokerage, state, local advertising laws, fair-housing laws, federal trade-practice rules, and any disclosure obligations applicable to your jurisdiction (see also Section 11).

You will defend, indemnify, and hold harmless Better Listing Media for any breach of the foregoing (see Section 20).

5. AI outputs — no warranty; sole responsibility for review

The Platform produces outputs using statistical machine-learning models. These models may, without limitation, produce visual artifacts, hallucinations, color shifts, masking errors, missing objects, added objects, or other inaccuracies. Outputs may differ from a human-edited result and may differ from previous outputs even when given identical inputs.

You acknowledge and agree that: (a) the Platform's outputs are provided “AS IS” and “AS AVAILABLE”; (b) we make no representation that any output will be fit for any particular purpose; (c) you are the sole reviewer of every output before public distribution; and (d) you bear all responsibility for downstream uses of the outputs, including publication to an MLS, social platform, listing site, or printed marketing. See also our AI Processing Disclosure.

5.1 AI-generated text

AI-assisted text tools (such as listing descriptions, comparative market analyses (“CMAs”), market reports, and marketing copy) generate drafts that may contain errors, omissions, outdated data, or non-compliant language. They are drafting aids, not professional advice. A CMA or market report generated by the Platform is not an appraisal and is not a substitute for a licensed appraisal or broker price opinion. You are responsible for verifying every figure, claim, and statement, and for ensuring any published text complies with fair-housing, advertising, and real-estate rules.

5.2 AI headshots & biometric consent

If you use an AI headshot feature, you may upload only photographs of yourself, or of a person who has given you express written consent, and you authorize us to process those facial images solely to generate the requested portraits. Facial images are biometric data; we process them only with consent and delete them as described in our Privacy Policy. You are responsible for having the necessary consent for any face you upload.

6. Pricing, credits, and payment

6.1 Charges

You agree to pay all charges incurred on your account at the rates published on the Platform at the time of purchase. We may change pricing at any time; changes take effect prospectively at your next purchase or renewal.

This Section 6 governs amounts we charge you for our own products — subscriptions, credits, and AI editing services. Payments for a marketplace booking (an Agent paying a Photographer) are processed on the Photographer's own connected payment account, on which we collect only a platform fee; those payments, deposits, and any refunds are governed by Section 9 and by the Photographer's own terms, not by this Section 6 or by our Refund Policy.

6.2 Subscriptions and cancellation

Subscription plans renew automatically at the end of each billing period (monthly or annually, as applicable) and bill the payment method on file. You authorize us and our payment processor to charge that payment method without further authorization until you cancel.

You may cancel your subscription at any time from your account at Plans & Pricing — no phone call, email, or support ticket is required, and cancellation is at least as easy as signup. Cancellation takes effect at the end of your current paid billing period; you keep full access until that date and will not be charged again. Cancellation stops future billing but does not entitle you to a refund of the current period (see Section 7 and the Refund Policy).

6.3 Virtual Staging unlimited & overage pricing

Plans labeled as "Unlimited Virtual Staging" include the per-month image quota stated on the plan page. Images delivered beyond that quota in the same billing period bill as overage at $1.49 USD per delivered image for Single Perspective and $1.49 USD per perspective for Multi-Perspective, charged to your payment method on file at the next billing event. Overage rates are listed at the time of purchase and may change prospectively with at least 14 days' notice. We will surface a running overage total in your account; you are responsible for monitoring usage.

6.4 Credits

Credits granted by a subscription expire at the end of the billing period in which they were granted unless the specific plan terms explicitly include a rollover. Credits are non-cash, non-transferable, non-redeemable, and forfeit upon account termination for cause.

6.5 Taxes

You are responsible for all taxes, duties, levies, and surcharges associated with your purchases, except for taxes based on our net income.

6.6 Failed payments

If a payment fails, we may, after reasonable retry, suspend your account, withhold delivery of pending or future orders, and revoke unused credits. You remain liable for the unpaid amount plus any collection costs (including attorneys' fees) we incur.

7. NO CASH REFUNDS — credits only

All payments to Better Listing Media are final and non-refundable to the original payment method. We do not issue cash refunds, ACH reversals, or wire returns under any circumstance. Any compensation we choose, in our sole discretion, to provide for a quality, service, or billing issue is delivered exclusively as non-cash platform credits.

The full details of remedy procedures, credit-return windows, statutory carve-outs, chargeback consequences, and the strict no-modification-by-support rule are set out in our Refund & Reprocessing Policy, which controls in the event of any conflict with this Section.

8. Service availability

We target delivery of most orders in under 30 minutes; this target is illustrative and not a guarantee. We do not warrant that the Platform will be uninterrupted, error-free, secure, or available at any particular time. Outages may result from third-party model availability, network failures, maintenance, force-majeure events (Section 23), or other causes beyond our reasonable control.

9. Marketplace, storefronts, and bookings

9.1 We are a venue, not a party

The marketplace connects Agents and Photographers. The contract for any shoot, edit, or media deliverable is solely between the Agent and the Photographer. Better Listing Media is not a party to it, does not perform the photography, does not supervise or control how a Photographer performs, and makes no warranty about any Photographer or Agent, their skills, licensing, insurance, punctuality, conduct, or the quality, legality, or safety of any shoot or deliverable.

9.2 Photographers are independent

Photographers are independent businesses, not employees, agents, partners, or joint venturers of Better Listing Media. Nothing on the Platform creates an employment, agency, or franchise relationship. Photographers are solely responsible for their own conduct, their equipment and insurance, their compliance with law and licensing, their tax obligations, and their entry onto and conduct at any property, including any injury to persons or damage to property that occurs during a shoot.

9.3 Payments & merchant of record

For a marketplace booking, the Photographer is the merchant of record. We connect the Photographer's own payment-processor account and place the Agent's charge directly on it; Better Listing Media collects only a platform/application fee and never holds, escrows, or takes custody of the booking funds. Deposits, balances, cancellation charges, and refunds for a booking are set and handled by the Photographer through their processor and their own terms. Disputes about a booking payment are between the Agent and the Photographer; our Refund Policy does not apply to them.

9.4 Disputes between users

Any dispute between an Agent and a Photographer arising from a booking, shoot, deliverable, cancellation, no-show, quality issue, or payment is between those users. You release Better Listing Media and the BLM Parties (Section 17) from any claim, demand, or damages of every kind arising out of or connected to such a dispute. We may, but are not obligated to, help resolve disputes as a courtesy.

9.5 Storefronts, white-label, and published content

If you publish a storefront, portfolio, booking page, or client-delivery gallery, you alone are responsible for the brand assets, imagery, copy, pricing, availability, and offerings you publish. You represent and warrant that everything you publish is accurate and not misleading, does not impersonate any third party, is properly licensed, and complies with law. You grant us the license needed to host and display your published content (see our Media Licensing Policy). We may remove content that violates these Terms or our Acceptable Use Policy.

9.6 Reviews & ratings integrity

Ratings and reviews surfaced on the Platform are drawn from completed bookings or connected third-party sources. You may not post, solicit, incentivize, or manipulate fake, deceptive, or non-genuine reviews, and you may not misrepresent your identity, affiliation, credentials, or licensure. We may remove reviews or content and suspend accounts that violate this Section.

9.7 No fee circumvention

You may not use the Platform to identify a counterparty and then arrange or move the transaction off-Platform to avoid platform fees, nor solicit Platform users to a competing service.

10. License you grant to us

You grant Better Listing Media a non-exclusive, worldwide, royalty-free, sublicensable (solely to our processing partners under written agreements) license to host, store, transmit, modify, create derivative works of, and process your source media solely to provide and operate the Service. This license terminates with respect to a given file when that file is deleted from the Platform under our retention policy, except for copies retained in operational backups for a reasonable period.

We do not use customer source media or finished outputs to train, fine-tune, or generate datasets for any AI model, and we do not allow our processing partners to do so.

11. Customer use of outputs — disclosures and compliance

You acknowledge that AI editing materially alters source images. Where required by your MLS, brokerage, jurisdiction, applicable advertising law (including FTC guidance on endorsements and testimonials), or any other rule, you must disclose to your end audience that the image has been digitally altered. You are solely responsible for those disclosures. We are not your legal, real-estate, or compliance advisor.

You will not use the Service to misrepresent material aspects of a property, conceal material defects, violate fair-housing or anti-discrimination law, or otherwise engage in deceptive marketing.

12. Intellectual property

The Platform, our software, source code, infrastructure, machine-learning pipelines, models, datasets we maintain, branding, documentation, and all related intellectual property (collectively, our “IP”) are and remain the exclusive property of Better Listing Media and its licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes during the term of your account.

You may not (and may not permit any third party to):

• copy, modify, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, model weights, or training data of any part of the Platform;
• scrape, harvest, or systematically extract data from the Platform;
• use the Platform to develop a competing product or service;
• resell, repackage, or sublicense the Platform or its outputs in a manner that would compete with our offering;
• remove, obscure, or alter any proprietary notice on the Platform; or
• use the Platform in violation of applicable export-control, sanctions, or anti-bribery laws.

13. Feedback

If you submit ideas, suggestions, feature requests, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and commercialize that feedback without obligation to you.

14. Acceptable use

You will not:

• upload unlawful, infringing, defamatory, or sexually explicit content;
• upload media depicting minors in any unsafe, sexualized, or exploitative context;
• use the Service to deceive consumers, conceal material property defects, or violate fair-housing law;
• circumvent rate limits, credit allocations, or quota systems;
• upload malware, viruses, or any code designed to disrupt the Platform or other users;
• attempt to gain unauthorized access to systems, accounts, or data; or
• resell, repackage, or relabel the editing service as your own competing AI product.

15. Storage, retention, and deletion

Source files and intermediate AI outputs are deleted from our storage 30 days after a job is delivered. Final delivered files are retained for 90 days, after which they are deleted. Backup copies may persist for a reasonable additional period. You may request earlier deletion of your account and stored media at any time by emailing support@betterlistingmedia.com. After deletion or account termination, we may retain certain business records (billing, tax, dispute) for the period required by applicable law.

16. Service modifications

We continuously improve the Platform and may add, modify, deprecate, or remove features. Material reductions to paid functionality will be communicated by email or in-product notice at least 14 days in advance, except where the change is required by law or to address a security issue.

17. Disclaimers; AS-IS Service

THE PLATFORM, ALL OUTPUTS, AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETTER LISTING MEDIA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND PROCESSING PARTNERS (TOGETHER, THE “BLM PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant that any AI output will (i) be accurate, (ii) be free of artifacts or hallucinations, (iii) comply with any specific MLS, brokerage, or jurisdictional rule, or (iv) be suitable for any particular use.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLM PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST DATA, OR BUSINESS INTERRUPTION; OR ANY DAMAGES BASED ON YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR ANY OUTPUT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE BLM PARTIES' AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE PLATFORM, OR ANY OUTPUT — REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTORY, OR OTHERWISE) — IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The foregoing limitations apply to the maximum extent permitted by law, even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions our liability is limited to the smallest amount permitted by law.

19. Customer representations & warranties

You represent and warrant on a continuing basis that:

• you have full power and authority to enter into and perform these Terms;
• you and your use of the Platform comply with all laws, regulations, and contracts applicable to you (including MLS rules, brokerage policies, fair-housing law, FTC and state advertising law, copyright law, and privacy law);
• all media you upload satisfies the conditions in Section 4 and the Media Licensing Policy;
• you will not use the Platform for any purpose prohibited by Section 14.

20. Indemnification

You will defend, indemnify, and hold harmless the BLM Parties from and against any third-party claim, demand, action, or proceeding (a “Claim”), and any related liabilities, damages, settlements, judgments, fines, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to: (a) your breach of these Terms or any Policy; (b) any media you upload or any use you make of any output; (c) your violation of any law or any right of a third party (including IP, privacy, publicity, or fair-housing rights); or (d) your white-label or booking-page content. We may, at our option, assume exclusive defense and control of any Claim subject to your indemnity obligation; you will cooperate with that defense at your expense and will not settle any such Claim without our prior written consent.

21. Term and termination; survival

These Terms remain in effect while you have an account. You may close your account at any time by contacting support@betterlistingmedia.com. We may suspend or terminate your access at any time as described in Section 3.3 or where required by law. Upon termination, your right to use the Platform ends immediately and any unspent credits are forfeited if termination is for cause.

Sections that by their nature should survive termination — including Sections 4 (source media), 5 (AI outputs), 7 (no refunds), 9 (marketplace, disputes & releases), 10 (license to us), 11 (compliance), 12 (IP), 13 (feedback), 14 (acceptable use), 17 (disclaimers), 18 (limitation of liability), 19 (representations), 20 (indemnification), 22 (dispute resolution), 23 (force majeure), 24 (governing law), and 25 (miscellaneous) — survive termination.

22. Mandatory arbitration; class-action waiver

22.1 Informal resolution

Before filing any formal claim, you agree to first attempt to resolve the dispute by sending a written notice to support@betterlistingmedia.com describing the claim and the relief sought. The parties will negotiate in good faith for at least 30 days.

22.2 Binding arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or any output that is not resolved informally will be finally and exclusively resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where applicable, the Consumer Arbitration Rules. The seat of arbitration will be Salt Lake County, Utah. Arbitration will be conducted before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

22.3 Class-action waiver

YOU AND BETTER LISTING MEDIA EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED PROCEEDING. CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY.

22.4 Carve-outs

Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or equitable relief in any court of competent jurisdiction for actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights.

22.5 30-day opt-out

You may opt out of this arbitration agreement by emailing support@betterlistingmedia.com with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. The opt-out only affects the arbitration agreement; all other Terms continue to apply.

23. Force majeure

Neither party is liable for any failure or delay caused by acts beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, power or telecommunications failures, internet outages, third-party AI model unavailability, cyberattacks, pandemics, or epidemics.

24. Governing law and venue

These Terms are governed by the laws of the State of Utah and the Federal Arbitration Act, without regard to conflict-of-laws principles. Subject to Section 22, exclusive venue for any judicial proceeding is the state and federal courts located in Salt Lake County, Utah, and each party irrevocably consents to personal jurisdiction there.

25. Miscellaneous

25.1 Entire agreement

These Terms together with the Policies constitute the entire agreement between you and Better Listing Media regarding the Platform and supersede all prior or contemporaneous agreements, written or oral.

25.2 Severability

If any provision is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

25.3 No waiver

Our failure to enforce any provision is not a waiver of our right to do so later. No waiver is effective unless in writing and signed by an authorized officer.

25.4 Assignment

You may not assign these Terms or any rights under them, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely. Any prohibited assignment is null and void.

25.5 No third-party beneficiaries

These Terms do not create any third-party beneficiary rights.

25.6 Relationship of the parties

Nothing in these Terms creates an agency, partnership, joint venture, employment, or franchise relationship between you and Better Listing Media.

25.7 Notices

We may give you notice by email to the address on your account or by posting in the Platform. You may give us notice only by email to support@betterlistingmedia.com.

25.8 Headings; construction

Section headings are for convenience only and have no legal effect. “Including” means “including without limitation.” Ambiguities will not be construed against the drafter.

25.9 U.S. government users

If you are a U.S. government end-user, the Platform is a “commercial item” as that term is defined at 48 C.F.R. § 2.101 and licensed only with the rights set forth in these Terms.

25.10 Updates to Terms

We may update these Terms periodically. Material changes will be communicated at least 14 days before they take effect by email or in-product notice. Continued use after the effective date constitutes acceptance. If you do not accept the updated Terms, your remedy is to stop using the Platform.

26. Contact

Questions about these Terms can be sent to: