Effective Date: February 3, 2025
1.1 "Authorized User" means any individual (e.g., employee, contractor, agent) authorized by Customer to access the Services under Customer's account.
1.2 "Customer" (or "you") means the individual or legal entity accepting these Terms.
1.3 "Input Content" means all photos, images, data, text prompts, and other materials uploaded, transmitted, or submitted by Customer to the Services.
1.4 "Output" means the specific images, modifications, and visual data generated by the Services based on the Input Content.
1.5 "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence.
1.6 "Prohibited Content" means Input Content that is illegal, offensive, sexually explicit, infringes on third-party rights, or violates Fair Housing laws.
1.7 "Service Credits" means the virtual currency purchased or allocated to Customer's account required to process specific Service actions.
These Terms of Service ("Terms") constitute a legally binding agreement between you and Quickhome LLC ("Company," "we," "us"). By clicking "I Accept," creating an account, or accessing the Quickhome.ai platform ("Services"), you agree to be bound by these Terms. If you accept these Terms on behalf of an entity, you represent that you have the authority to bind that entity and you agree that if you do not have such authority, you are personally liable for all obligations and liabilities under these Terms.
Quickhome reserves the right to modify these Terms at its sole discretion at any time. We will provide notice of material changes by posting the updated Terms on our website, sending an email to the address associated with your account, or through a notification within the Services. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the modified Terms.
The Services utilize generative AI. You acknowledge that AI outputs are probabilistic and may produce inaccurate, offensive, or non-existent artifacts ("Hallucinations"). To the maximum extent permitted by law, Quickhome makes no representations or warranties regarding the accuracy, quality, realism, or reliability of any Output. You acknowledge that the Services are probabilistic and the Customer bears the sole burden of determining if the Output is suitable for its intended purpose.
Outputs are artistic renderings intended solely for visioning and illustrative marketing purposes. You acknowledge that the Services allow for the alteration of visual elements that may constitute "Material Facts" under real estate regulations (e.g., condition of walls, presence of power lines, view from windows).
(a) No Erasure of Defects: You agree NOT to use the Services to conceal, erase, or obscure material physical defects, habitability issues (e.g., mold, water damage, structural cracks), or permanent environmental hazards.
(b) User Responsibility: You bear sole responsibility for ensuring that the final published Output accurately reflects the material condition of the subject property. Quickhome disclaims all liability for claims of "bait-and-switch" advertising or material misrepresentation arising from your use of the Services.
You assume full responsibility for reviewing and verifying all Outputs before publication.
"Virtual Renovation" Outputs are intended solely for visioning and illustrative purposes. You acknowledge that Quickhome's AI generates these images based on probabilistic models and does not account for structural feasibility, building codes, material availability, or actual construction constraints. Quickhome makes no representation or warranty that the renovations depicted in the Output can be physically constructed or that the costs associated with such renovations are accurate. You agree not to use Outputs as a substitute for architectural plans, construction bids, or scope-of-work documents.
You acknowledge that the Services operate as an automated, user-directed technical process. Quickhome does not manually curate, select, or review Input Content prior to processing. All AI generations, modifications, and enhancements are instigated entirely by your specific commands, prompts, and uploads. To the maximum extent permitted by law, you agree that you are the sole volitional actor regarding the selection of source material and the specific creative modifications applied to that material. Quickhome acts solely as a passive conduit for your instructions and, to the maximum extent permitted by law, disclaims any role as the legal "author" of infringing derivative works created via the Services.
The Services rely on third-party artificial intelligence models, cloud infrastructure, and APIs (e.g., OpenAI, AWS, Google Maps) ("Third-Party Providers"). You acknowledge that:
Subject to the Limitation of Liability set forth in Section 11, Quickhome warrants that it will use commercially reasonable efforts to perform the Services in a professional manner consistent with industry standards and that the Services will materially conform to generally available documentation as of the date of purchase. In the event of a breach of this warranty, Customer's sole and exclusive remedy is the re-performance of the Service or a pro-rata refund of fees for the non-conforming period.
While Quickhome provides tools for compliance, Customer acknowledges it is the sole "publisher" of the Output. Quickhome does not warrant that specific Outputs comply with HUD/Fair Housing guidelines without human review.
Enterprise clients may be subject to a separate Master Services Agreement (MSA). In the event of a conflict between these Terms and a valid MSA, the MSA shall control.
You retain all rights to the Input Content you upload.
You grant us a worldwide, royalty-free license to host, process, and modify Input Content to provide the Services.
(a) Limited License. You grant Quickhome a non-exclusive, worldwide, royalty-free license to host, process, and use Input Content solely to provide the Services to you and to improve the performance of our internal systems.
(b) Aggregated Data. Quickhome may process Input Content to create "Aggregated and De-Identified Data"—datasets from which Quickhome has used commercially reasonable efforts to remove direct identifiers (including specific property addresses, faces, and user identity) so they cannot reasonably be reverse-engineered to identify you or your clients. You agree that Quickhome owns all right, title, and interest in such Aggregated and De-Identified Data and may use it to train, tune, and improve its artificial intelligence models.
(c) Enterprise Opt-Out. If you are an Enterprise Customer under a Master Services Agreement (MSA), you may elect to opt out of having your Input Content used for generative model training by providing written notice to your account manager or selecting the "Training Opt-Out" configuration in the platform settings. Upon such election, Quickhome will technically segregate your data from future training sets.
Subject to your compliance with these Terms and to the maximum extent permitted by law, Quickhome assigns to you all right, title, and interest in the specific images generated for your account ("Output"), excepting any pre-existing background IP, third-party reference data, or open-source components contained therein. You acknowledge that Outputs may incorporate non-exclusive elements, patterns, or features generated by artificial intelligence models that may be similar to content generated for other customers or derived from publicly available or licensed training data, and that such elements are not exclusively owned by you.
You represent and warrant that you hold a valid copyright license to modify and prepare derivative works from any Input Content. You explicitly warrant that you have not scraped images from third-party platforms (e.g., Zillow, Redfin, MLS) without a direct license.
You acknowledge that listing photos from prior transactions often have expired licenses. You warrant that you have renewed such rights before uploading to Quickhome.
You agree to strictly adhere to the Fair Housing Act and equivalent state laws. You explicitly warrant that you will NOT use the Services to:
Quickhome operates solely as a technical image enhancement tool and does not verify, validate, or warrant that Input Content or Outputs comply with the specific rules, regulations, or content guidelines of any Multiple Listing Service (MLS), real estate brokerage, or third-party listing portal (e.g., Zillow, Redfin, Realtor.com). You acknowledge that MLS rules regarding photo manipulation, branding, and "truth-in-representation" vary significantly by jurisdiction. You bear sole responsibility for ensuring that your use of the Services and the publication of any Output complies with:
Quickhome disclaims all liability for fines, penalties, or takedowns resulting from your violation of such rules.
You agree to allow Quickhome to apply a visible watermark (e.g., "Virtually Staged") to Outputs where required by law or platform policy. If you present any Output to the public that materially alters the physical appearance of the property—including "Virtual Renovation," "Virtual Landscaping," or the removal of permanent fixtures—you warrant that you will: (a) Clearly and conspicuously disclose the use of AI enhancement to the viewing public via watermarks, captions, or listing descriptions; and (b) Ensure such Outputs do not violate the Federal Trade Commission Act, state Unfair and Deceptive Acts and Practices (UDAP) statutes, or the Truth-in-Advertising rules of your local real estate licensing board. Quickhome disclaims all liability for claims of "bait-and-switch" advertising or misrepresentation arising from your failure to properly label AI-modified images.
For features utilizing public or third-party reference data (e.g., "Address-Only Exterior Shots," satellite imagery), Quickhome provides such data on an "AS-IS" basis. You acknowledge that reference data may be outdated, incomplete, or inaccurate (e.g., depicting landscaping or structures that no longer exist). You bear sole responsibility for verifying that any Output derived from reference data accurately reflects the current physical condition of the property before publishing.
You agree not to access or use the Services through automated means, including bots, scripts, scrapers, or bulk processing tools, except as expressly authorized by Quickhome in writing. Unauthorized automated use may result in immediate suspension.
Credits are a virtual currency that represent a limited, non-transferable license to access specific AI enhancement features (e.g., 1 credit = 1 standard enhancement). Credits have no monetary value outside of the Services and cannot be redeemed for cash, except as required by applicable law.
Credits purchased as one-time "Prepaid Packs" do not expire while your account remains open, active, and in good standing, subject to suspension or termination under Section 13.
Credits issued as part of a recurring monthly subscription are valid for the duration of your active subscription. Unused Subscription Credits roll over to the next billing cycle. However, if you cancel your subscription, you will retain access to rolled-over Subscription Credits only until the end of your current billing period, after which all accumulated Subscription Credits shall be forfeited.
If you exceed your available credit balance during a billing cycle, you authorize Quickhome to: (a) Immediately charge your payment method for the necessary Pay-As-You-Go credit pack; OR (b) Add the overage costs to your next invoice at the rate specified in your plan. Failure to pay overage charges may result in immediate service suspension.
(a) General: Except as required by law, all purchases are final and non-refundable.
(b) AI Output Quality: You acknowledge that AI outputs are probabilistic. If an Output is unsatisfactory due to AI error (e.g., severe artifacts), your sole remedy is to request a re-generation (re-roll) of the image at no additional credit cost, subject to Quickhome's Quality Assurance review. We do not issue monetary refunds for unsatisfactory AI generation.
Quickhome respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your work has been infringed, you must send a written notice to our Designated Agent at legal@quickhome.ai containing the elements required by 17 U.S.C. § 512(c)(3).
If you believe your content was removed by mistake, you may file a counter-notice pursuant to 17 U.S.C. § 512(g)(3). We will provide a copy of your counter-notice to the original complaining party.
In accordance with 17 U.S.C. § 512(i)(1)(A), Quickhome has adopted a policy to terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers. We reserve the right to define the criteria for "repeat infringement" at our sole discretion.
Quickhome does not proactively monitor Input Content for copyright infringement. Our failure to detect or remove specific content does not constitute a waiver of our rights or an assumption of liability.
Your use of the Services is governed by our Privacy Policy, incorporated herein by reference.
We use commercially reasonable efforts to implement industry-standard encryption (TLS/SSL) for data in transit and at rest. You acknowledge that references to SOC 2 are aspirational goals and not current certifications, and that no transmission over the internet is completely secure.
You agree to indemnify, defend, and hold harmless Quickhome against any claims, damages, or costs arising from: (i) your violation of these Terms; (ii) allegations that your Input Content infringes the intellectual property rights of a third party; or (iii) your violation of Fair Housing or consumer protection laws.
Subject to the Limitation of Liability in Section 11, Quickhome shall indemnify, defend, and hold you harmless against any third-party claim alleging that the Quickhome Platform technology itself (excluding your Input Content and any Third-Party Models) infringes a valid U.S. copyright, patent, or trade secret. This indemnity does not apply to claims arising from:
Quickhome's obligations under this Section 10.2 are conditioned upon you providing Quickhome with: (i) prompt written notice of the claim; (ii) sole control over the defense and settlement of the claim (provided that Quickhome may not settle any claim unless it unconditionally releases you of all liability); and (iii) all necessary cooperation, at Quickhome's expense, in the defense and settlement of the claim. In no event shall Quickhome's indemnification obligations exceed the liability cap set forth in Section 11.1.
To the maximum extent permitted by law, Quickhome's liability is capped at the fees paid by you in the twelve (12) months preceding the claim.
To the maximum extent permitted by law, the Services and Output are provided 'as is' and 'as available', with all faults and without warranty of any kind. Quickhome expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for AI "hallucinations" or incorrect outputs.
The Services are provided solely for your benefit as a subscriber. You acknowledge that Quickhome has no direct relationship with your clients, potential buyers, or tenants ("End Consumers"). You agree that you are solely responsible for all communications with End Consumers regarding the property. Quickhome explicitly disclaims all liability for any reliance placed on the Outputs by End Consumers. You agree to indemnify Quickhome against any claims brought by End Consumers arising from allegations of misrepresentation, false advertising, or reliance on AI-generated imagery.
To the maximum extent permitted by law, you agree that for the purposes of calculating any statutory damages under the Copyright Act, all Input Content uploaded by you during any single monthly billing cycle shall be considered a single compilation and not separate works.
Quickhome shall not be liable for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of your Input Content or Outputs that occurs on the systems of Third-Party Providers (including AI model providers and cloud hosting services), provided that Quickhome has exercised commercially reasonable due diligence in selecting such providers.
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The interpretation and enforcement of this arbitration agreement shall be governed by the Federal Arbitration Act ("FAA") (9 U.S.C. §§ 1–16).
Before filing a claim against Quickhome, you agree to try to resolve the dispute informally by sending a written notice of dispute to legal@quickhome.ai. The notice must include your name, account information, and a description of the dispute. If the parties are unable to resolve the dispute within thirty (30) days of the notice, either party may begin arbitration proceedings.
Except for the exceptions in Section 12.7, any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. Delegation: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable.
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Mediation Procedures. If you are an individual consumer using the Services for non-commercial purposes, the AAA Consumer Arbitration Rules shall apply.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules, and you agree to reimburse Quickhome for any monies previously disbursed by it that are otherwise your obligation to pay.
You and Quickhome agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
Further, unless both you and Quickhome agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision (Section 12) shall be null and void, and the dispute shall be resolved in a court of competent jurisdiction.
Notwithstanding the above, either party may:
The term of this Agreement commences on the Effective Date and continues until terminated as set forth herein. Subscription plans shall automatically renew for successive periods unless Customer cancels via account settings or either party provides written notice of non-renewal at least thirty (30) days prior to the end of the current billing cycle.
Notwithstanding anything to the contrary, Quickhome reserves the right to immediately suspend your access (in whole or in part) to the Services without liability if we reasonably believe:
Enterprise Note: We will make commercially reasonable efforts to provide notice prior to suspension, unless immediate action is required to protect the legal rights or security of Quickhome or its other users.
(a) Material Breach: Either party may terminate this Agreement if the other party materially breaches its obligations and fails to cure such breach within thirty (30) days of receiving written notice.
(b) Incurable Breach: Quickhome may terminate this Agreement immediately upon written notice if the breach is incurable, including violations of the Prohibited Content (Section 1.6), misuse of Intellectual Property, or failure to pay undisputed fees after a ten (10) day grace period.
(c) Repeat Infringement: We reserve the right to immediately terminate accounts that are the subject of repeat DMCA copyright takedown notices, in accordance with our Repeat Infringer Policy.
Upon termination:
You acknowledge that the regulatory landscape regarding Generative AI and Truth-in-Advertising is evolving rapidly. Quickhome reserves the right to modify these Terms, or specific Service features, immediately upon notice to comply with new guidance, orders, or regulations issued by the FTC, HUD, or state attorneys general. Continued use of the Services following such updates constitutes acceptance of the new compliance standards.
Neither party may use the other party's name, logo, or trademarks in press releases, marketing materials, or on websites without the other party's prior written consent, not to be unreasonably withheld.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
There are no third-party beneficiaries to this Agreement.
You agree to comply with all relevant U.S. and foreign export and import laws in using the Services. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form or Master Services Agreement (if any); and (2) these Terms of Service.
The provisions of these Terms that by their nature should survive termination or expiration shall survive, including without limitation: Section 1 (Definitions), Section 3 (Nature of AI Services & Disclaimers), Section 5 (Intellectual Property & Chain of Title), Section 6 (User Warranties & Fair Housing), Section 9 (Privacy and Data Security), Section 10 (Indemnification), Section 11 (Limitation of Liability), Section 12 (Dispute Resolution), Section 14 (General Provisions), and any payment obligations incurred prior to termination.
Neither party shall be liable for failure or delay in performance (other than payment obligations) due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, failures of utilities or internet service providers, or failures of third-party AI or cloud service providers.
Acknowledgment: By creating an account or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.