1. Acceptance of Terms
By accessing or using SmartStage.AI ("Service"), operated by Smart Stage AI, LLC ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
SmartStage.AI provides AI-powered virtual staging services for real estate photography. The Service allows users to upload photographs of empty or unfurnished rooms and receive digitally staged versions of those photographs using artificial intelligence technology. The Service is intended for use by real estate professionals, including but not limited to realtors, property managers, landlords, and photographers.
3. Account Registration
To use certain features of the Service, you must register for an account. You may register using our authentication provider (Manus OAuth). You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Safeguard your account credentials and not share them with others
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
4. Organizations and Teams
The Service allows you to create organizations and invite team members. As an organization owner or manager:
- You are responsible for managing team member access and permissions
- You are responsible for the actions of team members within your organization
- You may assign roles (owner, manager, contributor) with different permission levels
- Subscription credits and features are shared across the organization
5. Subscription Plans and Credits
The Service offers subscription plans with varying features and credit allocations:
- Free Trial: New users receive 5 free staging credits (one-time, non-recurring)
- Paid Plans: Monthly or annual subscriptions with allocated credits per billing period
- Enterprise Plans: Custom pricing available for high-volume users
Credit terms:
- One credit equals one staged image output
- Unused credits do not roll over to subsequent billing periods
- Credits are consumed when staging is successfully completed
- Failed staging attempts do not consume credits
- Re-staging the same image with different styles consumes additional credits
6. Payment Terms
By subscribing to a paid plan, you agree to the following payment terms:
- All payments are processed securely through Stripe
- Subscriptions automatically renew unless canceled before the renewal date
- You authorize us to charge your payment method for recurring subscription fees
- Prices are listed in USD and exclude applicable taxes
- We reserve the right to change pricing with 30 days advance notice
- Refunds are provided in accordance with our refund policy (see Section 7)
7. Refund Policy
Our refund policy is as follows:
- Annual subscriptions may be refunded within 14 days of purchase if no credits have been used
- Monthly subscriptions are non-refundable but may be canceled at any time
- Partial refunds may be issued at our discretion for service issues
- Refunds are processed to the original payment method within 5-10 business days
8. User Content and Intellectual Property
Your Content: You retain ownership of all photographs and content you upload to the Service ("User Content"). By uploading User Content, you grant Smart Stage AI, LLC a non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely for the purpose of providing the Service.
Staged Outputs: You own the staged output images generated from your User Content. You may use these outputs for any lawful purpose, including commercial real estate listings.
Our Content: The Service, including its design, features, and underlying technology, is owned by Smart Stage AI, LLC and protected by intellectual property laws. You may not copy, modify, or reverse engineer any part of the Service.
Warranties: You represent and warrant that:
- You have all necessary rights to upload and use the User Content
- Your User Content does not infringe any third party's intellectual property rights
- You have obtained necessary permissions from property owners to photograph and virtually stage their properties
9. AI-Generated Content Disclosure
Important: The staged images produced by our Service are generated using artificial intelligence technology. You acknowledge and agree that:
- AI-generated staging may not perfectly represent physical furniture or decor
- Results may vary based on image quality, lighting, and room characteristics
- AI staging is a digital representation and does not reflect actual physical staging
- You are responsible for reviewing outputs for accuracy before use
10. Virtual Staging Disclosure Requirements
You acknowledge and agree that virtually staged photographs must be properly disclosed in all property listings. You are solely responsible for ensuring compliance with all applicable laws, regulations, and industry standards regarding the disclosure of virtual staging in real estate listings, including but not limited to:
- National Association of Realtors (NAR) guidelines
- State real estate commission regulations
- Multiple Listing Service (MLS) rules
- Fair housing laws and advertising regulations
Recommended Disclosure: We recommend including language such as: "This image has been virtually staged. Furniture and decor shown are digital representations and are not included with the property."
SmartStage.AI provides suggested disclaimer language, but you are responsible for verifying that such language complies with the requirements in your jurisdiction. Failure to properly disclose virtual staging may result in legal liability, and SmartStage.AI shall not be held responsible for any claims arising from improper disclosure.
11. Watermarks
Images generated during the free trial period will include a SmartStage.AI watermark. Paid subscription plans allow you to control watermark settings through your account preferences. Watermarks help protect against unauthorized use and identify AI-staged images.
12. Acceptable Use
You agree not to use the Service to:
- Upload content that you do not have the right to use
- Create misleading, deceptive, or fraudulent content
- Misrepresent property conditions in a way that could deceive buyers or renters
- Violate any applicable laws, regulations, or industry standards
- Infringe on the intellectual property rights of others
- Upload content containing illegal, harmful, or offensive material
- Attempt to reverse engineer, decompile, or compromise the Service
- Use automated systems to access the Service without permission
- Resell or redistribute the Service without authorization
- Use the Service for any illegal or unauthorized purpose
13. Affiliate Program
We offer an affiliate program that allows approved participants to earn commissions by referring new customers. Affiliate terms:
- Participation requires application and approval
- Commissions are paid on qualifying purchases made by referred customers
- Affiliates must comply with all applicable advertising and disclosure laws
- We reserve the right to modify commission rates or terminate affiliates for policy violations
14. Service Availability and Modifications
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We reserve the right to:
- Modify, suspend, or discontinue any part of the Service at any time
- Perform maintenance that may temporarily affect availability
- Update features, pricing, or terms with appropriate notice
We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
15. Data Retention and Deletion
Your uploaded images and staged outputs are retained according to your subscription plan's retention policy. Upon account deletion:
- Your account data will be deleted within 30 days
- Uploaded images and outputs will be permanently deleted
- Some data may be retained for legal compliance purposes
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART STAGE AI, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data or goodwill
- Service interruptions or failures
- Inaccuracies in AI-generated content
- Third-party claims arising from your use of staged images
Our total liability for any claims arising under these Terms shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
17. 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 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:
- The Service will meet your specific requirements
- The Service will be uninterrupted, timely, or error-free
- AI-generated results will be accurate or suitable for your purposes
- Any errors in the Service will be corrected
18. Indemnification
You agree to indemnify, defend, and hold harmless Smart Stage AI, LLC and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any third party's rights
- Your failure to properly disclose virtual staging
- Claims by property buyers, renters, or other third parties
19. Termination
We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for conduct that we believe:
- Violates these Terms
- Is harmful to other users, us, or third parties
- Constitutes fraud or misuse of the Service
Upon termination, your right to use the Service will immediately cease. You may terminate your account at any time through your account settings.
20. Dispute Resolution
Informal Resolution: Before filing any formal dispute, you agree to contact us at[email protected] to attempt to resolve the dispute informally.
Arbitration: Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall take place in Delaware.
Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.
21. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Delaware.
22. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by:
- Posting the updated Terms on the Service
- Updating the "Last updated" date
- Sending an email notification for significant changes
Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service.
23. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
24. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Smart Stage AI, LLC regarding the Service and supersede all prior agreements and understandings.
25. Contact Information
If you have any questions about these Terms, please contact us at:
Smart Stage AI, LLC
Email: [email protected]
Support: [email protected]
General: [email protected]