Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and rental.photos ("Company," "we," "us," or "our") governing your access to and use of our AI-powered photo enhancement services for vacation rental listings.

By submitting photos, providing listing links, making a purchase, or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

We reserve the right to modify these Terms at any time. Continued use of our services after any modifications constitutes acceptance of the updated Terms.

2. Service Description

rental.photos provides AI-powered photo generation and enhancement services specifically designed for vacation rental property listings. Our services include:

• Generation of new professional-quality images based on submitted property photos
• AI-assisted image enhancement and composition improvements
• Human review and finishing of generated images
• Delivery of up to 30 new images per listing

Important Clarification: Our service creates new images using artificial intelligence technology. These are not traditional photo edits but AI-generated representations based on your submitted materials. The resulting images may not be exact reproductions of your property and may include AI-interpreted elements, staging, lighting, and compositions.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age or have reached the legal age of majority in your jurisdiction
• Have the legal right and authority to submit the photos or listing links you provide
• Own, manage, or have explicit authorization from the owner to submit photos of the property
• Provide accurate and truthful information in all submissions

4. User Responsibilities and Representations

By using our services, you represent and warrant that:

4.1 Property Ownership and Rights

• You own, lease, manage, or have explicit written permission from the property owner to submit photos and use our services for the property
• You have all necessary rights to use and license any photos, images, or materials you submit to us
• Your use of our services does not violate any third-party rights, including intellectual property, privacy, or publicity rights

4.2 Accuracy of Submissions

• All information provided, including email addresses, property details, and notes, is accurate and current
• You understand that the quality of our output depends significantly on the quality and accuracy of your submissions

4.3 Intended Use

• You will use the generated images only for legitimate property listing and marketing purposes
• You will not use the images to misrepresent the property or deceive potential guests
• You acknowledge that AI-generated images are representations and may not reflect the exact current state of the property

5. Right to Refuse Service

We reserve the absolute right to refuse, reject, or cancel any order at our sole discretion, for any reason, including but not limited to:

• Properties that we determine are not suitable for our AI enhancement process
• Submissions where we believe our services will not provide meaningful improvement or value
• Properties that appear to violate housing, safety, or zoning regulations
• Submissions containing inappropriate, offensive, or illegal content
• Properties that present ethical concerns or potential for misuse
• Technical limitations that prevent us from delivering satisfactory results
• Users who have previously violated these Terms or engaged in abusive behavior
• Submissions that we believe may be fraudulent or deceptive in nature

In the event we refuse service before work has commenced, any payment received will be refunded in full. If work has already begun, refunds will be handled according to Section 6 below.

We are under no obligation to provide reasons for refusing service.

6. Payment, Pricing, and Refund Policy

6.1 Pricing

• Our current pricing is displayed on our website and is subject to change without notice
• All prices are inclusive of the services described but exclusive of any applicable taxes
• You are responsible for any taxes, duties, or fees imposed by your jurisdiction

6.2 Payment

• Payment is due at the time of order submission
• We accept the payment methods displayed on our website
• All payments are processed through third-party payment processors, and their terms apply

6.3 Refund Policy and Approval Process

How It Works:

1. Once your images are ready, you will receive a preview of the results for your review
2. You must make a choice: Accept the results OR Request a refund
3. If you accept the results: You gain access to download the final high-resolution images, and no refund is possible after this point
4. If you request a refund: You receive a full refund, but you will not have access to download the final images

Key Terms:

• Acceptance is final. Once you accept the results and gain download access, no refunds will be issued under any circumstances
• Refund means no images. If you choose to request a refund, you forfeit all rights to access or use the generated images
• The preview provided is representative of the final quality and style of the deliverables
• You cannot accept the results, download the images, and then request a refund

Pre-Processing Cancellations:

• If you request cancellation before we begin processing your order, you are entitled to a full refund
• Once processing has begun, you must wait for the preview and use the approval process described above

Refund Processing:

• Approved refunds will be processed within 14 business days
• Refunds will be issued to the original payment method

7. Intellectual Property

7.1 Your Content

• You retain ownership of all original photos and materials you submit to us
• By submitting materials, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and transform your submissions for the purpose of providing our services

7.2 Generated Images

• Upon full payment and delivery, you receive a non-exclusive, perpetual license to use the generated images for property marketing and listing purposes
• We retain the right to use anonymized or de-identified versions of generated images for marketing, portfolio, training, and promotional purposes
• We may feature before/after examples from your project on our website and marketing materials unless you explicitly request otherwise in writing

7.3 AI Technology

• All AI models, algorithms, processes, and technology used to generate images remain our exclusive property
• You acquire no rights to our underlying technology through use of our services

9. Disclaimers and Limitations of Liability

9.1 Service Provided "As Is"

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

We expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of generated images
• Warranties that the service will be uninterrupted, error-free, or secure
• Warranties that results will meet your expectations or requirements

9.2 AI-Generated Content Disclaimer

You acknowledge and accept that:

• AI-generated images are artistic interpretations, not photographic reproductions
• Generated images may contain inaccuracies, artifacts, or elements not present in your actual property
• AI technology has inherent limitations and may produce unexpected or imperfect results
• The appearance of generated images may differ from your actual property
• We do not guarantee that generated images will accurately represent your property's current condition, features, or appearance

9.3 No Guarantee of Results

We make no guarantees regarding:

• Increased bookings, revenue, or occupancy rates
• Improved listing performance or visibility
• Guest satisfaction or reviews
• Any specific business outcomes

Any testimonials, statistics, or claims regarding typical results are illustrative only and not guarantees of your specific results.

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the amount you paid us for the specific order giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages
• We shall not be liable for any loss of profits, revenue, bookings, data, goodwill, or business opportunities
• We shall not be liable for any damages arising from third-party actions, including platform decisions

These limitations apply regardless of the legal theory upon which damages are sought, whether in contract, tort, negligence, strict liability, or otherwise.

9.5 Assumption of Risk

You expressly assume all risks associated with:

• Using AI-generated images for commercial purposes
• Uploading images to third-party platforms
• Representing AI-generated images in your property listings
• Any decisions made by guests based on your listings

10. Indemnification

You agree to indemnify, defend, and hold harmless rental.photos, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your violation of any applicable laws or regulations
• Any claims by third parties (including platforms, guests, or property owners) related to your use of our images
• Any content you submit to us
• Any misrepresentation of your property or authority

11. Privacy and Data Protection

11.1 Information We Collect

• Email address
• Property photos and listing information
• Communication records
• Usage data and analytics

11.2 How We Use Your Information

• To provide and improve our services
• To communicate with you about your order
• To send relevant updates and marketing communications (with your consent)
• To comply with legal obligations

11.3 Data Security

• We implement reasonable security measures to protect your information
• However, no method of transmission or storage is 100% secure
• We cannot guarantee absolute security of your data

11.4 Third-Party Services

• We use third-party service providers for hosting, payment processing, and analytics
• These providers have their own privacy policies and terms

11.5 Your Rights

• You may request access to, correction of, or deletion of your personal data
• You may opt out of marketing communications at any time
• Contact us at contact@rental.photos for any privacy-related requests

12. Prohibited Uses

You agree not to:

• Submit photos of properties you do not own or have authorization to market
• Use our services for any illegal, fraudulent, or deceptive purposes
• Attempt to reverse-engineer our AI technology or processes
• Submit content that is offensive, illegal, or violates third-party rights
• Use our images to mislead or deceive potential guests about property conditions
• Resell, redistribute, or commercially exploit our services without authorization
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems

13. Termination

13.1 By You

• You may discontinue use of our services at any time
• Existing orders will be processed unless cancelled according to our refund policy

13.2 By Us

• We may terminate or suspend your access to our services immediately, without prior notice, for any reason
• We may refuse future orders at our discretion

13.3 Effect of Termination

All provisions of these Terms that should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute, you agree to contact us at contact@rental.photos and attempt to resolve the dispute informally for at least 30 days.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to conflict of law principles.

14.3 Jurisdiction

Any disputes not resolved informally shall be submitted to the exclusive jurisdiction of the courts located in Romania.

14.4 Limitation Period

Any claim or cause of action arising from these Terms or our services must be filed within one (1) year after the claim arose, or be forever barred.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and rental.photos regarding our services. These Terms supersede any prior agreements or understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

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

15.6 Contact Information

For any questions regarding these Terms, please contact us at: contact@rental.photos