Terms of Service

1. Description of Service

EuKreate is an AI-powered video marketing platform designed for real estate professionals, including agents, brokers, and agencies. Our Service enables you to create professional property marketing videos using artificial intelligence. The Service includes:

• AI-generated video scripts tailored to real estate listings and promotions
• AI-generated images, voiceovers, and background music
• Video rendering and processing in multiple aspect ratios
• Property listing management and organization
• Brand customization tools (brand kits with custom colors, fonts, and logos)
• Video storage, download, and distribution
• Address autocomplete and property data enrichment

2. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

If you are using the Service on behalf of a business, brokerage, or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity you represent.

3. Account Registration

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

• Provide accurate, current, and complete information during registration
• Complete the onboarding process (personal information, business information, and brand settings)
• Maintain and update your information to keep it accurate and current
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

You may register using email/password or through third-party authentication providers (Google, Facebook, or Apple). When using third-party authentication, you authorize us to access certain account information from those providers as described in our Privacy Policy.

We reserve the right to refuse registration, suspend, or terminate accounts at our discretion if we reasonably believe that account information is inaccurate or that the account is being used in violation of these Terms.

4. User Content and Intellectual Property

4.1 Your Content

You retain ownership of any content you submit to the Service, including but not limited to:

• Property descriptions, listing details, and business information
• Logos, brand assets, and images you upload
• Custom images and photographs

By submitting content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and display your content solely for the purpose of providing the Service to you. This license terminates when you delete your content or close your account, except as required for backup and compliance purposes.

You represent and warrant that you own or have the necessary rights to all content you submit, and that your content does not infringe on any third party's intellectual property or other rights.

4.2 Privacy of User-Uploaded Images

We are committed to protecting the privacy of images you upload to the Service (including property photos, headshots, brand logos, and other custom images). User-uploaded images are subject to the following protections:

• No third-party sharing: Your uploaded images are never shared with, transmitted to, or made accessible to any third-party service provider, AI provider, or external platform.
• Secure storage: All uploaded images are stored exclusively within our secure cloud infrastructure and are protected by encryption in transit and at rest.
• Limited use: Your uploaded images are used solely for the purpose of incorporating them into your video projects within the Service. They are not used for AI model training, analytics, marketing, or any other purpose.
• No cross-user access: Your uploaded images are private to your account and are never visible to or used by other users of the Service.
• Deletion: When you delete an uploaded image or close your account, the image is removed from our systems in accordance with our data retention policy outlined in our Privacy Policy.

4.3 Image Compliance and Regulatory Responsibility

Certain jurisdictions have enacted laws governing the use of images in real estate marketing, including but not limited to California Assembly Bill 723 (AB 723), which imposes requirements related to the use of digitally altered or AI-generated images in property listings and advertisements. Similar laws may exist or be enacted in other states or jurisdictions.

User responsibility: You are solely responsible for ensuring that all images you upload to or use within the Service — including property photographs, AI-generated images, digitally enhanced images, and any other visual content — comply with all applicable federal, state, and local laws and regulations, including but not limited to AB 723 and any similar legislation in your jurisdiction. This includes, where required by law:

• Disclosing when images have been digitally altered, enhanced, or generated using artificial intelligence
• Ensuring images accurately represent the property and do not mislead prospective buyers, renters, or other parties
• Including any required labels, disclaimers, or notices on or alongside images as mandated by applicable law
• Obtaining any necessary consents or permissions for the use of images depicting identifiable individuals or third-party property

No compliance guarantee by EuKreate: While the Service may generate or process images using AI technologies, EuKreate does not represent, warrant, or guarantee that any images created, modified, or used through the Service are compliant with AB 723 or any other applicable image disclosure or real estate advertising law. The Service does not automatically apply compliance labels, disclosures, or disclaimers to images.

EuKreate assumes no liability for any claims, penalties, fines, damages, or legal actions arising from your use of non-compliant images, your failure to make required disclosures, or your violation of any applicable image-related laws or regulations. You agree to indemnify and hold harmless EuKreate from any such claims as further described in Section 14.

4.4 Generated Content

Videos, images, scripts, voiceovers, and music generated through our Service using AI technologies are provided to you under the following terms:

• Video ownership: You own the final rendered video files generated through the Service and may use them for your business and marketing purposes without restriction, subject to the content restrictions in Section 4.5.
• Underlying AI components: Individual AI-generated components (images, scripts, voiceovers, music) are licensed to you for use within the context of videos created through the Service.
• No exclusivity: AI-generated content is not exclusive to you. Other users may receive similar outputs when generating content with comparable inputs.
• Third-party terms: Your use of generated content is also subject to the terms of our underlying AI service providers. We will make commercially reasonable efforts to ensure that content generated through the Service is suitable for commercial use.

4.5 Company Intellectual Property

The Service, including its design, features, code, algorithms, AI models, templates, and documentation, is owned by the Company and protected by intellectual property laws. Nothing in these Terms grants you any right to use the Company's trademarks, logos, or brand features without prior written consent.

4.6 Content Restrictions

You agree not to use the Service to create content that:

• Infringes on any third party's intellectual property rights
• Is defamatory, obscene, pornographic, or offensive
• Promotes violence, discrimination, or illegal activities
• Contains false, misleading, or deceptive property information
• Violates fair housing laws or engages in discriminatory advertising
• Violates any applicable laws or regulations
• Impersonates any person or entity
• Misrepresents property features, conditions, or availability

4.7 Property Rights and Authorization

By using the Service to create video content for any property, you represent and warrant that:

• You have all necessary legal rights, permissions, and authorizations to sell, rent, lease, promote, market, or advertise the property featured in the video content
• If you are acting on behalf of a property owner, you have obtained proper written authorization from the property owner to create and distribute marketing materials, including video content, for the property
• You have obtained all necessary consents, licenses, and permits required under applicable laws and regulations to market the property
• The property information you provide is accurate and you are authorized to disclose it

EuKreate does not verify property ownership, agency relationships, or marketing authorizations. The Company is not responsible for and assumes no liability for:

• Verifying that you have the legal right to sell, rent, or promote any property featured in video content created through the Service
• Any disputes, claims, or legal actions arising from your unauthorized use of property information or images
• Any damages resulting from the creation or distribution of video content for properties you are not authorized to market
• Any violations of real estate licensing laws, agency agreements, or property owner rights

You agree to indemnify and hold harmless EuKreate from any claims, damages, or liabilities arising from your creation or distribution of video content for properties for which you lack proper authorization.

5. Content Moderation

5.1 Automated Screening

All content submitted for video generation is automatically screened for policy violations. Our moderation system checks for:

• Crude or inappropriate language
• Violent or threatening content
• Obscene or sexually explicit content
• Discriminatory or hate speech
• Misleading property claims
• Criminal or illegal content

5.2 Consequences of Violations

If content is flagged by our moderation system:

• The video generation request may be rejected with an explanation of the violation
• Repeated violations may result in a warning, temporary suspension, or permanent termination of your account
• We reserve the right to remove any content that violates these Terms

5.3 Appeals

If you believe your content was incorrectly flagged, you may contact us at contact@eukreate.com to request a manual review. We will respond within a reasonable timeframe.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service, servers, or networks
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems, bots, or scrapers to access the Service without permission
• Resell, sublicense, or redistribute the Service or access to it without authorization
• Use the Service to build a competing product or service
• Circumvent any usage limits, restrictions, or security measures
• Share account credentials with unauthorized third parties
• Submit content that contains malware, viruses, or harmful code
• Use the Service to send unsolicited communications or spam

7. Third-Party Services

Our Service integrates with various third-party services, including:

• AI content generation providers
• Cloud infrastructure providers
• Authentication providers (Google, Facebook, Apple)
• Email service providers

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services. Temporary unavailability of third-party services may affect certain features of the Service.

Important: Only text-based data (such as property descriptions and prompts) is sent to third-party AI providers for content generation. User-uploaded images are never transmitted to any third-party service and remain exclusively within our secure cloud infrastructure.

8. Beta Trial Program

8.1 Beta Trial Access

The Service is currently offered as a Beta Trial at no cost. By participating in the Beta Trial, you receive:

• Five (5) complimentary video credits upon account creation
• Access to available Service features as they are developed and released during the Beta period
• Video credits are non-transferable and have no monetary value

8.2 Additional Credits

Additional video credits may be granted at the sole discretion of EuKreate. You may request additional credits by contacting us at contact@eukreate.com. Factors we may consider when evaluating credit requests include, but are not limited to:

• The quality and frequency of feedback you have provided
• Your active participation in testing Service features
• The nature of your intended use (e.g., evaluating the Service for your brokerage or agency)

Granting of additional credits is not guaranteed and is entirely at our discretion.

8.3 Feedback Expectations

As a Beta Trial participant, you are encouraged to provide meaningful feedback to help us improve the Service. This may include:

• Reporting bugs, errors, or unexpected behavior
• Sharing suggestions for feature improvements or new capabilities
• Providing input on the quality and relevance of AI-generated content (scripts, images, voiceovers, music)
• Evaluating the overall user experience and workflow

You may submit feedback at any time by emailing contact@eukreate.com or through any in-app feedback mechanism we provide. Feedback you provide becomes the property of EuKreate and may be used to improve the Service without any obligation of compensation or attribution to you.

8.4 No Payment Required During Beta

The Beta Trial is provided at no charge. No payment information is required to participate. We reserve the right to introduce paid subscription plans in the future, at which point we will notify you in advance and provide the option to subscribe or discontinue use.

8.5 Beta Limitations

During the Beta Trial, please be aware that:

• Features may be added, modified, or removed without advance notice
• Video generation quality, speed, and availability may vary as we refine the Service
• Service availability is not guaranteed; scheduled and unscheduled downtime may occur
• Support response times may be longer than in a production environment
• Video credits do not expire during the Beta period unless otherwise communicated

8.6 Transition to Commercial Service

When the Beta Trial period ends, we will notify you via email with details about:

• Available subscription plans and pricing
• Any transition period or promotional offers for Beta participants
• The status of your existing account data, videos, and listings

You will not be automatically charged or enrolled in a paid plan. If you choose not to subscribe to a paid plan, your access to the Service may be limited or discontinued, and your data will be handled in accordance with our Privacy Policy and the data retention provisions in Section 9.

9. Data Export and Portability

9.1 Video Downloads

You may download your generated videos at any time while your account is active. Videos are provided in MP4 format. We recommend maintaining local copies of your videos, as we do not guarantee indefinite storage.

9.2 Post-Termination Access

After your account is terminated or the Beta Trial concludes, you will have 30 days to download your videos and export your data. After this 30-day period, your content may be permanently deleted.

9.3 Data Portability Requests

You may request a copy of your personal data in a portable format by contacting us at privacy@eukreate.com, as described in our Privacy Policy.

10. Service Availability and Modifications

The Service is in active development during the Beta Trial period. We strive to maintain reasonable availability but do not guarantee uninterrupted access. We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Service at any time, with or without notice
• Perform maintenance that may temporarily affect availability
• Add, update, or remove features, functionality, or user interface elements
• Change usage limits, credit allocations, or restrictions
• Reset or modify Beta Trial terms

Third-party dependency: The Service relies on third-party AI providers and cloud infrastructure. Outages or changes by these providers may temporarily affect Service functionality. We are not liable for disruptions caused by third-party service issues.

We will endeavor to provide notice of significant changes when possible, including via email and in-app notifications.

11. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to: natural disasters, acts of government, power outages, internet disruptions, third-party service provider outages (including AI providers, cloud infrastructure, and payment processors), pandemics, war, terrorism, labor disputes, or cyberattacks. In the event of a force majeure event lasting more than 30 consecutive days, either party may terminate these Terms upon written notice.

12. Disclaimer of Warranties

THE SERVICE IS IN BETA AND IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• AI-generated content (including scripts, images, voiceovers, and music) will be accurate, complete, or suitable for your purposes
• AI-generated property descriptions or marketing claims will comply with local real estate advertising regulations
• Any errors in the Service will be corrected

You are solely responsible for reviewing all AI-generated content for accuracy, compliance with applicable real estate laws and regulations, and suitability for your intended use before publishing or distributing it.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to your account
• Damages resulting from AI-generated content, including inaccurate property information or regulatory non-compliance
• Damages resulting from third-party service provider failures or outages
• During the Beta Trial period, any damages whatsoever, given that the Service is provided at no cost. After the Beta Trial, damages exceeding the total amount paid by you to us in the twelve (12) months preceding the claim

This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise.

14. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit to the Service
• Your use or distribution of AI-generated content, including any claims arising from inaccurate property information, fair housing violations, or regulatory non-compliance
• Your breach of any applicable real estate laws or advertising regulations

15. Termination

15.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us at contact@eukreate.com. Upon voluntary termination, you will have 30 days to download your content before it may be permanently deleted.

15.2 Termination by Us

We may terminate or suspend your account and access to the Service:

• For violation of these Terms or our content policies
• For fraudulent, abusive, or illegal activity
• For repeated content moderation violations
• Upon conclusion of the Beta Trial program
• At our discretion with reasonable notice

15.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We will retain your data for 30 days to allow content export, after which it may be permanently deleted
• Any unused video credits are forfeited and have no cash value
• Sections 4 (Intellectual Property), 12 (Disclaimer), 13 (Limitation of Liability), 14 (Indemnification), and 16 (Governing Law) survive termination

16. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict of law principles.

16.1 Informal Resolution

Before initiating any formal proceedings, both parties agree to attempt to resolve any dispute arising from these Terms or the Service through good faith negotiation for a period of at least thirty (30) days after written notice of the dispute.

16.2 Binding Arbitration

If a dispute cannot be resolved through informal negotiation, the parties agree to resolve the dispute through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Contra Costa County, California, or at another mutually agreed location. The arbitrator's decision shall be final and binding.

16.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

16.4 Small Claims Exception

Notwithstanding the arbitration provision, either party may bring an individual action in small claims court in Contra Costa County, California, for disputes within the court's jurisdictional limits.

16.5 Injunctive Relief

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

17. Electronic Communications

By creating an account and using the Service, you consent to receive electronic communications from us, including:

• Account verification and security notifications
• Transactional emails related to your use of the Service
• Beta Trial updates, feedback requests, and credit notifications
• Service updates and announcements
• Marketing communications (which you may opt out of at any time)

You agree that all communications provided to you electronically satisfy any legal requirement that such communications be in writing.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email to your registered email address at least 15 days before material changes take effect
• Displaying a notice within the Service

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the revised Terms, you must stop using the Service and may terminate your account.

19. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms freely, including in connection with a merger, acquisition, or sale of assets.
• Notices: All notices to the Company should be sent to contact@eukreate.com. Notices to you will be sent to the email address associated with your account.
• Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

20. Contact Information

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