Terms of Service
Last updated: January 1, 2025
Welcome to Listing AI. These Terms of Service ("Terms") govern your access to and use of the listing.ai website, mobile application, and related services (collectively, the "Services") provided by Listing Systems LLC ("Listing AI", "we", "us", or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
1. Acceptance of Terms
By creating an account or using our Services, you affirm that you are at least 18 years of age and capable of entering into a binding agreement. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
2. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.
3. Description of Services
Listing AI is a membership-based platform for real estate professionals. Our Services include:
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.
4. Account Registration and Eligibility
To use our Services, you must create an account and provide accurate, complete, and current information. You are responsible for:
We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion, including for violation of these Terms or applicable laws.
5. Membership Application and Waitlist
Access to Listing AI is membership-based and subject to approval. By submitting an application:
6. Payment and Subscription Terms
Listing AI currently operates on a waitlist model. Future subscription tiers may include:
When subscription billing is introduced:
7. User Content and License
You retain ownership of all content you upload to our Services ("User Content"), including profile information, photos, and other materials. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to:
You represent and warrant that:
8. Prohibited Conduct
You agree not to:
9. Intellectual Property Rights
The Services, including all software, design, text, graphics, logos, and other content (excluding User Content), are owned by Listing Systems LLC and protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of our Services without prior written consent.
10. Third-Party Services and Links
Our Services may contain links to third-party websites, services, or integrations (e.g., Google Maps, OpenAI). We do not control or endorse these third-party services and are not responsible for their content, privacy practices, or terms of service.
Your use of third-party services is subject to their respective terms and conditions. We encourage you to review those terms before using any third-party service.
11. Disclaimers and Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not guarantee that:
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING SYSTEMS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
13. Indemnification
You agree to indemnify, defend, and hold harmless Listing Systems LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
14. Dispute Resolution and Arbitration
Informal Resolution: Before filing a claim, you agree to contact us at operations@listing.systems and attempt to resolve the dispute informally for at least 60 days.
Binding Arbitration: If we cannot resolve the dispute informally, you agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in Wilmington, Delaware, unless otherwise agreed.
Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.
Opt-Out: You may opt out of this arbitration agreement by sending written notice to us within 30 days of accepting these Terms.
15. Termination
We may suspend or terminate your account and access to the Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination:
You may terminate your account at any time by contacting us at operations@listing.systems.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction of those courts.
17. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
Statute of Limitations: Any claim arising out of these Terms must be filed within one (1) year after the claim arose, or it will be permanently barred.
18. Contact Information
If you have questions about these Terms, please contact us:
Email: operations@listing.systems
Address: 355 South Dupont Highway, Dover, DE 19901