Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and 355Lab ("we," "our," or "us") governing your use of our AI-powered real estate photo editing platform and services (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and truthful

3. Account Registration and Security

3.1 Account Creation

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

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason at our sole discretion.

4. Service Description

355Lab provides AI-powered real estate photo editing services, including:

• Virtual Staging: AI-powered furniture and decor placement in empty rooms
• Smart Declutter: Removal of unwanted items and clutter from photos
• Twilight Photography: Conversion of daytime photos to twilight/dusk scenes
• Enhancement Editor: HDR processing, color correction, brightness adjustment, and object removal
• Image Upscaling: AI-powered upscaling to 4K resolution
• Video Creator: Automated video slideshow creation with music and transitions

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

5. Subscriptions, Credits, and Billing

5.1 Subscription Plans

We offer multiple subscription plans with different credit allocations:

• Photo Plans: Starter, Professional, Unlimited, Business (monthly or annual billing)
• Video Plans: Starter, Professional, Pay-Per-Use, Business (monthly or annual billing)
• Credits are allocated monthly and reset on your billing date
• Unused credits do not roll over to the next billing period unless stated otherwise

5.2 Payment Terms

By subscribing to a paid plan, you agree to:

• Pay all fees associated with your chosen plan
• Provide valid payment information via Stripe
• Authorize automatic recurring billing on your billing date
• Pay all applicable taxes

5.3 Credit Usage

5.4 Refund Policy

Subscription fees are non-refundable except as required by law. If you cancel your subscription, you will retain access to paid features until the end of your current billing period. No partial refunds are provided for unused credits.

5.5 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will not be charged for subsequent periods after cancellation.

5.6 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will be communicated at least 30 days in advance and will apply to subsequent billing periods after the notice period.

6. Acceptable Use Policy

You agree NOT to use the Service to:

• Upload images you do not own or have permission to use
• Process images containing illegal, harmful, or offensive content
• Upload images depicting minors without proper authorization
• Create misleading or fraudulent real estate listings
• Violate any applicable laws or regulations
• Infringe intellectual property rights of others
• Attempt to reverse engineer or access the Service's source code
• Use automated systems to access the Service (bots, scrapers)
• Resell or redistribute processed images as a service
• Overload or interfere with Service infrastructure
• Upload malware, viruses, or malicious code

7. Intellectual Property Rights

7.1 Your Content

You retain all ownership rights to images you upload ("Your Content"). By uploading content, you grant us a limited, non-exclusive, worldwide license to:

• Process your images using AI services
• Store your images for the duration of your account
• Display processed results to you
• Improve our Service (only with explicit consent)

7.2 Our Service

The Service, including its design, code, features, and content (excluding Your Content), is owned by 355Lab and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

7.3 Processed Images

You own the processed output images. However, you acknowledge that AI-generated elements (furniture, decor, sky replacements) may not be unique and similar results may be provided to other users.

8. AI Processing and Quality Disclaimer

Our Service uses third-party AI services (virtualstaging.ai, Google Gemini, Replicate, Shotstack, ElevenLabs, Veo AI). You acknowledge and agree that:

• AI results may vary in quality and accuracy
• Processing may occasionally fail or produce unexpected results
• We do not guarantee specific quality standards or outcomes
• Credits are consumed upon processing initiation, regardless of satisfaction with results
• Some features may produce different results each time (virtual staging variations)
• AI services may experience downtime or degraded performance
• Generated content should be reviewed before use in marketing materials

We encourage you to verify AI-processed images meet your quality standards before using them in professional contexts.

9. Third-Party Services

Our Service integrates with third-party services for authentication (Clerk), payments (Stripe), file storage (UploadThing), and AI processing. These third parties have their own terms of service and privacy policies. We are not responsible for the actions, content, or services of third parties.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE LAST 12 MONTHS
• WE ARE NOT RESPONSIBLE FOR LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES
• WE ARE NOT LIABLE FOR SERVICE INTERRUPTIONS, ERRORS, OR THIRD-PARTY FAILURES

11. Indemnification

You agree to indemnify, defend, and hold harmless 355Lab, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your Content, including copyright infringement claims
• Your fraudulent or illegal activities

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

If you have a dispute with 355Lab, you agree to first contact us at support@355lab.com and attempt to resolve the dispute informally for at least 30 days.

12.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to a jury trial or to participate in a class action lawsuit.

12.3 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

13. User Representations and Warranties

You represent and warrant that:

• You own or have permission to use all uploaded images
• Your use of processed images complies with all applicable laws
• You have obtained necessary consents for any depicted individuals
• Processed images will not be used to deceive or mislead consumers
• You will disclose AI-generated elements where required by law or industry standards
• You will not use the Service to create fraudulent real estate listings

14. Data Retention and Deletion

We retain your uploaded images and processing history for the duration of your account. Upon account deletion:

• Your images will be deleted within 30 days
• Backup copies may be retained for up to 90 days
• Billing records will be retained as required by law
• You may export your data before account deletion

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through the Service at least 30 days before taking effect. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

16. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and 355Lab regarding the Service.

17. Contact Information

For questions about these Terms, please contact us:

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.