Terms of Service

1. Acceptance of Terms

By accessing, using, or subscribing to HomeScene.ai ("Service," "Platform," "we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Service.

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract.

2. Service Description

HomeScene.ai provides an AI-powered platform that converts property images into marketing videos. The Service uses artificial intelligence, machine learning, and automated processes to generate video content. The Service is provided on an "as-is" and "as-available" basis.

Important Limitations:

  • Videos are generated using AI and may contain imperfections or unexpected results
  • We do not guarantee any specific outcome, quality level, or fitness for a particular purpose
  • Processing times may vary based on system load and complexity
  • Features and capabilities may change without notice

3. User Accounts and Security

You are fully responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Provide accurate, current, and complete information
  • Not share your account credentials with any third party
  • Not use another person's account without permission
  • Immediately notify us of any unauthorized use or security breach
  • Accept full liability for all charges incurred through your account

We reserve the right to suspend or terminate accounts that violate these Terms, without notice and without refund.

4. Payment Terms and Refund Policy

All payments are non-refundable except as required by law or as explicitly stated in these Terms.

  • Subscription Fees: Paid in advance on a monthly or annual basis
  • Auto-Renewal: Subscriptions automatically renew until canceled
  • Price Changes: We may modify pricing at any time with 30 days notice to existing subscribers
  • Credits: Unused credits expire at the end of each billing period and do not roll over
  • Cancellation: You may cancel anytime, but no partial refunds will be provided for the current billing period
  • Failed Payments: We may suspend or terminate your account for failed payments
  • Taxes: You are responsible for all applicable taxes

5. Intellectual Property Rights

5.1 Your Content

You retain ownership of content you upload. However, you grant us an irrevocable, worldwide, royalty-free license to use, reproduce, modify, and process your content for:

  • Providing and improving the Service
  • Training and improving our AI models
  • Creating anonymized datasets for research
  • Marketing purposes (with personally identifiable information removed)

You represent and warrant that:

  • You own or have all necessary rights to the content you upload
  • Your content does not infringe any third-party rights
  • You have obtained all necessary permissions from individuals appearing in images
  • You will indemnify us against any claims related to your content

5.2 Generated Videos

Videos generated using our Service are provided under a limited license. You may use them for marketing real estate properties, but you may not:

  • Claim exclusive ownership of AI-generated elements
  • Use videos in a way that misrepresents properties
  • Remove or obscure any watermarks or branding we include
  • Use videos for illegal, deceptive, or harmful purposes

5.3 Our Intellectual Property

All aspects of the Service, including software, algorithms, designs, and trademarks, are our exclusive property. You may not copy, modify, reverse engineer, or create derivative works of any part of our Service.

6. Prohibited Uses

Violation of these restrictions may result in immediate termination without refund and legal action. You may not:

  • Upload illegal, pornographic, violent, or hateful content
  • Use the Service to harass, defame, or harm others
  • Violate any applicable laws or regulations
  • Infringe on intellectual property or privacy rights
  • Upload content containing minors without parental consent
  • Misrepresent your identity or affiliation
  • Attempt to bypass usage limits or security measures
  • Scrape, data mine, or use automated systems to access the Service
  • Reverse engineer or attempt to extract source code
  • Resell, sublicense, or commercialize the Service itself
  • Use the Service to compete with us or build a similar service
  • Overload or disrupt our servers or infrastructure

7. AI-Generated Content Disclaimers

IMPORTANT: AI-generated content may contain errors, artifacts, or unexpected results. You acknowledge and agree that:

  • AI-generated videos are not guaranteed to be accurate, complete, or error-free
  • Results may vary significantly based on input quality and content
  • You are solely responsible for reviewing and approving all generated content
  • We are not liable for any consequences of using AI-generated content
  • Generated content may not be suitable for all purposes or audiences
  • You must comply with all applicable laws regarding AI-generated content disclosure
  • We make no representations about the legality of AI-generated content in your jurisdiction

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation:

  • Breach of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment or payment disputes
  • Providing false or misleading information
  • At our sole discretion for any reason

Upon termination, you forfeit all unused credits and pending video generations. No refunds will be provided.

9. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF RESULTS
  • UNINTERRUPTED OR ERROR-FREE SERVICE
  • SECURITY OR DATA INTEGRITY

USE OF THE SERVICE IS AT YOUR OWN RISK.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL HOMESCENE.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION:

  • DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, OR BUSINESS
  • LOSS OF USE OR DATA
  • COST OF SUBSTITUTE SERVICES
  • PERSONAL INJURY OR PROPERTY DAMAGE
  • EMOTIONAL DISTRESS

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST TWELVE (12) MONTHS OR $100, WHICHEVER IS LESS.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless HomeScene.ai, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you upload or generate
  • Any damages caused by your use of AI-generated content
  • Your violation of any applicable laws or regulations

This indemnification obligation will survive the termination of these Terms and your use of the Service.

12. Dispute Resolution

12.1 Mandatory Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration, not in court. Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted in Delaware, USA, unless otherwise agreed.

12.2 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Disputes must be brought on an individual basis only.

12.3 Exceptions

We may seek injunctive relief in court for violations of intellectual property rights or these Terms.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and HomeScene.ai regarding the Service and supersede all prior agreements.

13.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

13.3 No Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms. We may assign our rights to any successor or acquirer.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

14. Modifications to Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes, we will notify you by email or through the Service.

Your continued use of the Service after the effective date of changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Subject to the arbitration provisions above, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any legal proceedings.

16. Contact Information

For questions about these Terms of Service:

Email: support@homescene.ai

Effective Date: These Terms are effective immediately upon your first use of the Service.

BY USING HOMESCENE.AI, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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