Last updated: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and NOVAN METRIX ("Company", "we", "us", or "our") regarding your use of the Decluttr-AI service ("Service"). By accessing or using our 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.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.
Decluttr-AI is an artificial intelligence-powered photo enhancement service that automatically improves real estate photos by removing clutter, optimizing lighting, and correcting perspective. The Service is provided on a credit-based system where each photo enhancement consumes one credit.
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it current. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
You must be at least 18 years old or have reached the age of majority in your jurisdiction to create an account. If you are creating an account on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
4.1 Credit System: Our Service operates on a credit-based model. Each photo enhancement consumes one (1) credit. Credits are non-transferable and non-refundable except as specifically provided in these Terms.
4.2 Credit Expiration: Credits do not expire unless specifically stated otherwise at the time of purchase.
4.3 Pricing: Current pricing is displayed on our website and may be changed at our discretion. Price changes will not affect credits already purchased.
4.4 Payment Processing: Payments are processed through third-party payment processors including but not limited to Stripe, PayPal, and LemonSqueezy. By making a purchase, you agree to the terms of service of the applicable payment processor.
4.5 Failed Transactions: If a payment fails or is disputed, we reserve the right to suspend or terminate your account until the matter is resolved.
5.1 Satisfaction Guarantee: We offer a 30-day satisfaction guarantee. If you are not satisfied with the quality of our photo enhancement service, you may request a full refund within 30 days of purchase by contacting support@decluttr-ai.app.
5.2 Processing Failures: If our Service fails to process your photo due to technical issues on our end, the consumed credit will be automatically refunded to your account.
5.3 Refund Processing: Approved refunds will be processed within 5-10 business days to your original payment method. We reserve the right to investigate refund requests and may deny fraudulent or abusive requests.
6.1 Your Content: You retain ownership of all photos and images you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive, royalty-free license to process, enhance, and deliver the improved versions back to you.
6.2 Content Processing: We process Your Content solely for the purpose of providing the enhancement service. We do not use Your Content for any other purpose, including training our AI models, without your explicit consent.
6.3 Content Deletion: Your original and processed content is automatically deleted from our servers within 24 hours after processing, unless you explicitly save it to your account dashboard.
6.4 Prohibited Content: You may not upload content that is illegal, harmful, threatening, defamatory, or violates any third-party rights. We reserve the right to remove any content that violates these Terms.
You agree not to use the Service to:
8.1 Availability: We strive to maintain high availability but do not guarantee uninterrupted service. The Service may be unavailable due to maintenance, updates, or unforeseen technical issues.
8.2 Service Modifications: We reserve the right to modify, suspend, or discontinue the Service at any time with reasonable notice. We will provide at least 30 days' notice for material changes that affect your existing credits.
8.3 Performance Standards: While we strive for high-quality results, the effectiveness of AI enhancement may vary depending on the original image quality, lighting conditions, and complexity.
Our handling of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
10.1 Service Disclaimer: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOVAN METRIX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE.
10.3 Liability Cap: OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.
10.4 Essential Purpose: The limitations of liability set forth above are fundamental elements of the basis of the bargain between you and us. The Service would not be provided without such limitations.
You agree to indemnify, defend, and hold harmless NOVAN METRIX and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another party.
12.1 Termination by You: You may terminate your account at any time by contacting our support team. Termination will not entitle you to a refund of unused credits unless specifically provided in our refund policy.
12.2 Termination by Us: We may terminate or suspend your account immediately, without notice, for violation of these Terms or for any other reason at our sole discretion.
12.3 Effect of Termination: Upon termination, your right to use the Service will cease immediately. We may retain certain information as required by law or for legitimate business purposes.
13.1 Informal Resolution: Before pursuing formal legal action, you agree to first contact us at support@decluttr-ai.app to attempt to resolve any dispute informally.
13.2 Binding Arbitration: Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration administered by a recognized arbitration organization under its applicable rules.
13.3 Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.
These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Italy.
15.1 Severability: If any provision of these Terms is found to be unenforceable, the remainder of the Terms will remain in full force and effect.
15.2 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
15.3 Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms at any time.
15.4 Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.
If you have any questions about these Terms of Service, please contact us at:
Important Notice: These Terms of Service contain important legal provisions including limitations of liability, disclaimers of warranties, and an arbitration clause. Please read them carefully. By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.