Terms of Service

1. Acceptance of Terms

By accessing or using Listing Whisperer ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms apply to all users of the Service, including visitors, free trial users, and paid subscribers. We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the new Terms.

2. Description of Service

Listing Whisperer is an AI-powered assistant built for real estate agents. The Service generates marketing copy, listing descriptions, seller meeting prep materials, pricing strategies, and other real estate workflow tools. The Service is intended for professional use by licensed real estate agents, brokers, and related real estate professionals. You are responsible for ensuring that any content generated through the Service complies with applicable real estate laws, MLS rules, and professional standards in your jurisdiction.

3. Accounts & Registration

To access the full features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activity that occurs under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to use the Service. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Free Trial

We offer a 7-day free trial that grants full Pro access, including unlimited listings and unrestricted use of the AI assistant. No credit card is required to start your trial. Virtual Staging is not included in the trial and requires a paid subscription.

The free trial is available once per person and once per household. Creating multiple accounts to obtain additional free trials is prohibited and may result in account termination.

When your trial ends, your account moves to the Free plan and remains active — your contacts, follow-up schedules, and previously generated content stay accessible, and the AI assistant remains available up to 40 messages per day. The Free plan includes 3 listings in total for the lifetime of the account, which is not a monthly allowance and does not reset. Continued use of features beyond the Free plan requires a paid subscription.

5. Subscriptions & Billing

Solo subscriptions are billed at $20 per month, or $188 per year on the annual cycle. Pro subscriptions are billed at $39 per month, or $370 per year on the annual cycle. Subscriptions automatically renew at the end of each billing period — monthly or annual, matching the cycle you selected — unless cancelled prior to the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis for the plan and billing cycle you selected.

• You may cancel your subscription at any time from your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial months
• We reserve the right to change pricing with 30 days notice

Virtual Staging credits are available as one-time purchase add-ons (5, 15, or 30 credits). Solo subscribers receive 3 staging credits per month and Pro subscribers receive 10, which reset on the 1st of each month and do not roll over. Purchased credit packs do not expire and are non-refundable.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Generate false, misleading, or fraudulent real estate listings
• Infringe upon the intellectual property rights of others
• Attempt to reverse engineer or extract the underlying AI models
• Resell or redistribute the Service without written permission
• Use automated scripts to access the Service in an abusive manner
• Harass, abuse, or harm other users

7. Intellectual Property

The Listing Whisperer platform, including its design, code, branding, and non-AI-generated content, is owned by Listing Whisperer and protected by copyright and trademark laws. You retain ownership of the property information and content you input into the Service. AI-generated outputs produced through your use of the Service may be used by you for your professional real estate activities. You may not claim ownership of the underlying AI model or the Service platform itself.

8. Virtual Staging & AI-Generated Images

Virtual Staging is an AI-powered feature that uses Decor8 AI's API to generate furnished room images from photos you upload. By using Virtual Staging, you agree that:

• You are responsible for ensuring all virtually staged images are properly disclosed when used in MLS listings, marketing materials, or client-facing content, in accordance with your local MLS rules, NAR guidelines, and applicable laws.
• Photos you upload are processed by Decor8 AI (a third-party provider). Their privacy policy governs how they handle uploaded images.
• Virtual Staging credits are non-refundable once used.
• Listing Whisperer is not responsible for MLS violations or compliance issues arising from your use of virtually staged images.
• You must not use virtually staged images to misrepresent a property's actual condition, remove structural defects, or deceive buyers.

9. AI-Generated Content

The Service uses AI to generate marketing copy, pricing guidance, and other real estate content. You acknowledge that: AI-generated content may contain errors, inaccuracies, or omissions; all content should be reviewed and verified before professional use; pricing suggestions are not certified appraisals and should not be relied upon as such; the Service does not replace the judgment of a licensed real estate professional. Listing Whisperer is not responsible for any decisions made based on AI-generated content.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LISTING WHISPERER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY AI-GENERATED CONTENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING WHISPERER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Orange County, California. You consent to the personal jurisdiction of such courts.

15. Contact

If you have any questions about these Terms, please contact us at:

Listing Whisperer
support@listingwhisperer.com
listingwhisperer.com/contact