Terms of Service

1. Agreement

Retouch Homes (retouch.homes) is operated by Optimizer Team, Inc., a Delaware corporation ("we", "us"). These terms apply when you use the website, the app, the API, the portal embed or anything else we offer under the Retouch Homes name (the "Service"). By using the Service you agree to them. If you use it for a company, a brokerage or a portal, you agree for that organization and confirm you may do so.

You must be at least 18 and able to enter a contract where you live. The Service is meant for business use: agents, brokerages, landlords, hosts, photographers and listing portals.

2. The Service

Retouch Homes edits listing photos automatically. By default it only changes how a photo looks (straightening, cropping, exposure, color) using pixels already in the photo. Edits that change what the property looks like are off by default, and labeled when you turn them on. Photos the Service is unsure about are flagged.

Automatic edits can be wrong. Check every photo before you publish it. We may add, change or remove features, and parts of the Service may be labeled beta or early access; those come with no promise that they will stay as they are.

3. Accounts, organizations and API keys

• Give accurate sign-in details and keep access to your email and Google account secure.
• Everything in the Service belongs to an organization. Its owners and admins control its members, keys, photos and credits.
• Keep secret API keys (rth_sk_) on your server and out of public code. You are responsible for what happens with your keys until you revoke them.

4. Your photos

You keep all rights to the photos you send and to the edited photos we return ("your content"). You give us a worldwide, non-exclusive license to host, copy, process and deliver your content, only to run the Service for you, to keep it secure and to fix problems you report.

• We don't use your photos to market Retouch Homes, on our site, in ads or as examples, without your written permission.
• We don't use your photos to train AI models without your permission.
• You confirm you have the rights to the photos you send, including the photographer's and the owner's permission where needed, and the consent of anyone recognizable in them where your law requires it.

How long we keep photos, and how to have them deleted, is in our Privacy Policy.

5. Listing rules are yours to follow

Portals, MLSs and governments have rules on edited listing photos. You are responsible for meeting the rules that apply to your listings, including labels and showing the original photo where required, and for not misleading buyers or renters. Our rules pages, edit labels and edit logs are information to help you, based on our reading of the sources on the date shown. They are not legal advice.

6. Acceptable use

Don't use the Service to:

• break the law, or upload content that is illegal, infringing, sexual, or invades someone's privacy;
• make a listing deceptive, for example to hide defects from buyers or renters;
• get around rate limits or usage caps, probe or overload our systems, or reach data that isn't yours;
• copy, resell or reverse engineer the Service, except where the law allows it;
• send us photos from URLs you aren't allowed to access.

We may suspend access that breaks these rules or puts the Service or other users at risk.

7. Credits, payments and refunds

Retouch Homes is free during early access. When paid plans start, the price on our site at the time you buy applies.

• Credits. One credit is one finished photo, in the app or through the API, used when the photo is done. A photo that fails is free, and so is downloading a finished photo again. Credits you buy don't expire.
• Payment. Prices are in US dollars. Taxes are added where they apply. Purchases may be sold and processed by our reseller, Link (part of Stripe), as merchant of record; in that case Link's terms apply to the payment, and it handles receipts, taxes and payment support.
• Refunds. You can get a refund for a pack of credits you haven't used within 14 days of buying it. If an edited photo is clearly wrong, tell us within 30 days and we'll return the credit. Write to hello@retouch.homes.
• Portals. The API uses the same credits. Portals on a separate agreement follow that agreement.

If the law where you live gives you more rights to cancel or get a refund, those rights apply.

8. Our property

The Service, its software, our rules pages and the Retouch Homes name and logo are ours. These terms don't give you any rights to them beyond using the Service. If you send us feedback, we may use it without owing you anything.

9. Other services

The Service relies on other providers, such as Google for sign-in and Stripe for payments. Your use of those services is also governed by their terms. We aren't responsible for services we don't run.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DON'T PROMISE THAT EDITS WILL BE ACCURATE, THAT A PORTAL, MLS OR AUTHORITY WILL ACCEPT THEM, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE AREN'T LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DEALS, LOST DATA OR LOST GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS ABOUT THE SERVICE IS LIMITED TO THE GREATER OF WHAT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND US$100.

Some places don't allow these limits. Where that's the case, they apply only as far as the law allows.

12. Indemnity

If someone makes a claim against us because of your content, your listings or your breach of these terms, you will cover our reasonable costs and losses from that claim, including legal fees.

13. Ending

You can stop using the Service at any time and ask us to delete your account. We may suspend or end your access for a breach of these terms, or end the Service with reasonable notice. If we end the Service for reasons other than your breach, we'll refund credits you bought and haven't used. The sections on your photos, disclaimers, liability, indemnity and disputes survive.

14. Governing law and disputes

These terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. Disputes go to the state or federal courts in San Francisco County, California, and both sides accept their jurisdiction.

If you are a consumer outside the US, you keep the protections of the law where you live that can't be waived by contract, and you may also bring a claim in your local courts. Please write to us first; most problems are quicker to fix by email.

15. Changes

We may update these terms. We'll post the new version here with a new date, and tell you by email or in the app before a material change takes effect. If you keep using the Service after that, the new terms apply.

16. General

These terms, the Privacy Policy and any order or agreement you sign with us are the whole agreement about the Service. If part of them can't be enforced, the rest still applies. Not enforcing a right isn't waiving it. You may not transfer these terms without our consent; we may transfer them with our business. Neither side is responsible for delays caused by events beyond its reasonable control.

17. Contact

Questions about these terms: hello@retouch.homes.