Terms of Service

1. Acceptance of Terms

By creating an account or using Habitours.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. We may update these Terms from time to time; continued use after changes constitutes acceptance.

EU/EEA Consumers: If you reside in the European Union or European Economic Area, mandatory consumer protection laws of your country apply. See Section 17 for details on your specific rights, including exemption from the arbitration clause.

2. Service Description

Habitours.com is a software-as-a-service platform that transforms photographs of rooms using artificial intelligence. The Service offers three transformation modes: Stage (furnish empty rooms), Declutter (remove clutter), and Redesign (restyle furnished rooms). The Service includes: image upload and storage, AI-powered multi-mode image transformation, and project management.

3. Account Terms

• You must be at least 18 years old to use the Service.
• You must provide accurate and complete registration information.
• You are responsible for maintaining the security of your account credentials.
• You are responsible for all activity that occurs under your account.
• One person or entity may not maintain more than one account.
• You must notify us immediately of any unauthorized use of your account.

4. Subscription & Billing

• The Service operates on a subscription-based system with monthly image quotas.
• Plans: Free (3 images/month, Stage only), Starter ($19/month, 30 images), Pro ($49/month, 90 images), Agency ($99/month, 200 images).
• Subscription payments are billed monthly via Stripe.
• You may cancel your subscription at any time. Access continues until the end of the current billing period.
• Your subscription automatically renews at the end of each billing cycle (monthly or annually) at the then-current price until you cancel. You may cancel at any time; cancellation takes effect at the end of the current billing period.
• If the AI pipeline fails to process your images, the image count is automatically refunded to your monthly quota.
• Unused images do not roll over to the next billing cycle.
• We will notify you of any price changes by email at least 30 days before they take effect. If you do not agree with the new pricing, you may cancel your subscription before the change becomes effective.

5. Acceptable Use

You agree to use the Service only for lawful purposes. You must:

• Only upload photographs of real rooms that you own or have permission to photograph.
• Not upload content that is illegal, obscene, or violates others' rights.
• Not attempt to circumvent rate limits, security measures, or access controls.
• Not use the Service to generate misleading content for fraudulent purposes.
• Not reverse-engineer, decompile, or attempt to extract source code from the Service.

Virtual Staging Disclosure Obligations

If you use AI-staged images in real estate listings, you are responsible for complying with applicable disclosure requirements:

• The National Association of Realtors (NAR) and most MLS systems require clear disclosure that images have been virtually staged.
• You must label staged images as "Virtually Staged" or equivalent language in all listing materials.
• Failure to disclose virtual staging may violate real estate regulations in your jurisdiction.
• Habitours.com is not responsible for your compliance with local regulations.

6. Intellectual Property

Your Content

• You retain ownership of all photographs you upload.
• You grant us a limited license to process, store, and display your images solely for the purpose of providing the Service.
• AI-generated output (staged images) is assigned to you to the fullest extent permitted by applicable law.

Our Service

• The Habitours.com name, logo, and service design are our property.
• You may not use our branding without written permission.

7. AI Disclaimers

• Virtual staging is a digital simulation. The furniture, decor, and finishes shown in staged images and videos are not physically present in the property.
• AI-generated content may contain visual artifacts, inconsistencies, or inaccuracies. We do not guarantee photorealistic perfection in every output.
• AI-staged images may not perfectly represent actual room dimensions, layouts, or spatial relationships.
• The rework feature allows you to refine results, but outcomes depend on AI model capabilities and are not guaranteed.

8. Payment Terms

• All prices are in US dollars unless otherwise stated.
• Payment is processed securely by Stripe. We do not store your payment card details.
• You agree to pay all charges incurred under your account.
• Chargebacks or payment disputes may result in account suspension.

9. Service Availability

• We strive for high availability but do not guarantee uninterrupted service.
• AI processing times vary and are estimates, not guarantees.
• We may perform maintenance that temporarily limits service availability.
• Third-party AI service outages (Google Gemini) may affect image processing. Image quota is refunded if processing fails.

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Nothing in these Terms limits or excludes our liability for: (a) intent or gross negligence, (b) injury to life, body, or health, or (c) any liability that cannot be limited or excluded under applicable law.
• For breach of essential contractual obligations (obligations whose fulfilment is necessary to enable the proper performance of the contract and on whose compliance you may regularly rely) caused by simple negligence, our liability is limited to the foreseeable, contract-typical damage.
• Subject to the above, our total liability for all other claims is limited to the amount you paid us in the 12 months preceding the claim.
• We are not liable for losses arising from reliance on AI-generated content, including lost sales, missed listings, or misrepresentation claims. AI outputs are for marketing and visualisation purposes only and must not be relied upon for property valuation, architectural, or engineering decisions.
• We are not liable for third-party service failures (Stripe, Google AI, Supabase) beyond our reasonable control.

12. Warranty Disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. We disclaim all warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Habitours.com and its officers, directors, and employees from any claims, damages, or expenses arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your failure to comply with applicable virtual staging disclosure laws, or (d) your violation of any third party's rights.

14. Account Termination

• You may delete your account at any time. Any active subscription will be cancelled upon account deletion.
• We may suspend or terminate your account for violation of these Terms, with or without notice.
• Upon termination, your stored projects and images will be deleted within 30 days.

15. Force Majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: natural disasters, pandemics, government actions, third-party service outages (including AI model providers, payment processors, and cloud infrastructure), power failures, internet disruptions, or labour disputes. Affected obligations are suspended for the duration of the force majeure event.

16. Dispute Resolution

• These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
• Any disputes shall first be resolved through good-faith negotiation.
• If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• Class action lawsuits and class arbitrations are waived.

17. European Union Consumers

If you are a consumer residing in the European Union or European Economic Area:

• The mandatory consumer protection laws of your country of residence apply to these Terms to the extent that they cannot be derogated from by agreement.
• The arbitration clause in Section 16 does not apply to you. Any disputes shall be submitted to the competent courts of your place of residence.
• The European Commission's Online Dispute Resolution platform was discontinued on 20 July 2025.

Right of Withdrawal (Widerrufsbelehrung)

Pursuant to Art. 246a EGBGB, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. an email to legal@habitours.com) of your decision to withdraw. You may use the model withdrawal form below, but it is not obligatory. Our postal address is listed in our Legal Notice.

To meet the withdrawal deadline, it is sufficient for you to send your communication before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw, we shall reimburse all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed of your decision. We will use the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement.

Exception for Digital Content

The Service provides digital content not supplied on a tangible medium (AI-generated images). By placing an order and expressly consenting to immediate performance before the withdrawal period has expired, you acknowledge that you lose your right of withdrawal once the Service has been fully performed for a given order, in accordance with § 356(5) BGB.

Where the Service has only been partially performed at the time of withdrawal, you shall pay an amount proportionate to the services already provided.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Habitours.com.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our written consent.

19. Contact Us

For questions about these Terms, contact us at:

• Email: support@habitours.com