Terms of Service

1. Acceptance of Terms

By accessing or using Packs ("Service"), operated by PropertySimple, Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Description of Service

Packs is a software-as-a-service platform that generates AI-powered marketing content for real estate listings. Users provide property data and photos, and the Service produces marketing assets including social media posts, Instagram stories, property flyers, blog posts, and email templates. The Service may also generate professional headshots from user-uploaded photos and maintain agent profile information (such as name, brokerage, phone number, and license number) to personalize marketing materials.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use this Service. The Service is currently available only to users in the United States. By using the Service, you represent and warrant that you meet these requirements and are located in the United States.

4. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use.

5. Pricing and Payment

Packs offers a free preview tier and two paid tiers: Launch Kit ($49 per listing) and Pro Kit ($79 per listing). All purchases are one-time, per-listing charges processed through Stripe. Prices are in U.S. dollars and are subject to change with notice.

6. Refund Policy

Because the Service delivers digital goods that are generated on demand, all sales are final. No refunds will be issued once content generation has begun. If you experience a technical issue that prevents delivery of your marketing pack, please contact us and we will work to resolve the issue or provide a credit at our discretion.

7. AI-Generated Content Disclaimer

Content produced by Packs is generated using artificial intelligence models (including Google Gemini for images and Anthropic Claude for copy). While we strive for quality, we make no guarantees regarding the accuracy, completeness, suitability, or compliance of AI-generated content. You are solely responsible for reviewing all generated content before publishing or distributing it.

AI-generated content may contain errors, inaccuracies, or representations that do not reflect the actual property. You must verify that all marketing materials comply with applicable real estate advertising laws, including Fair Housing Act requirements, before use.

8. Intellectual Property

Your content: You retain all rights to the property data, photos, and other materials you provide to the Service ("User Content"). By submitting User Content, you grant us a limited, non-exclusive license to process it for the purpose of generating your marketing pack.

Generated content: Upon payment, you receive a perpetual, non-exclusive, worldwide license to use the AI-generated marketing materials for the associated listing. You may modify, publish, and distribute the generated content for your real estate marketing purposes.

Our property: The Service, its design, code, AI models, prompts, and underlying technology remain the exclusive property of the Company.

9. MLS Data Compliance

If you import listing data from a Multiple Listing Service (MLS), you are responsible for ensuring that your use of such data through the Service complies with your MLS rules and regulations, including any restrictions on data usage, display, and attribution. We are not a party to your MLS agreements and accept no liability for MLS compliance.

10. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Indemnification

You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your User Content, or your violation of these Terms.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately, but any content already generated and downloaded remains subject to the license granted above.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page with a revised "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in San Francisco County, California.

17. Contact

If you have questions about these Terms, contact us at legal@propacks.dev.