Legal
Last updated: March 27, 2026
By accessing or using PhotoFoo.com (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service. These Terms apply to all users, including visitors, registered users, and paying customers.
PhotoFoo provides AI-powered photo enhancement tools for real estate professionals. The Service allows you to upload property photos and receive enhanced versions, including virtual staging of vacant rooms, decluttering and restaging of occupied rooms, sunny day exterior conversions, and twilight exterior transformations.
You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate and complete information during registration. PhotoFoo uses Clerk for authentication; by registering, you also agree to Clerk’s terms of service.
The Service operates on a prepaid credit system. Credits must be purchased before use and are deducted when an image is successfully processed. Credits are non-refundable except where required by applicable law. Credits do not expire. All payments are processed securely by Stripe. By making a purchase, you agree to Stripe’s terms of service. PhotoFoo reserves the right to change credit pricing at any time; existing purchased credits are unaffected by price changes.
You retain ownership of all photos you upload (“Your Content”). By uploading photos, you grant PhotoFoo a limited, non-exclusive license to store, process, and display Your Content solely to provide the Service to you. You are solely responsible for ensuring you have all necessary rights to upload and process the photos you submit. You must not upload photos that you do not have permission to use, that depict identifiable individuals without their consent, or that violate any third-party rights.
Images enhanced by PhotoFoo are generated using artificial intelligence. You own the AI-enhanced output images produced from your uploads. You are responsible for disclosing that listing photos have been AI-enhanced in accordance with applicable laws, MLS rules, and industry guidelines, including those of the National Association of Realtors (NAR). PhotoFoo makes no representations about the accuracy, fitness for purpose, or MLS compliance of any generated image.
You agree not to use the Service to:
The PhotoFoo name, logo, website design, software, and underlying technology are owned by PhotoFoo and protected by intellectual property laws. Nothing in these Terms grants you any right to use PhotoFoo’s trademarks, trade names, or other proprietary materials without prior written consent.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. PHOTOFOO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT RESULTS WILL MEET YOUR REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTOFOO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. PHOTOFOO’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO PHOTOFOO IN THE TWELVE MONTHS PRECEDING THE CLAIM.
PhotoFoo may suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service ceases. Unused credits at the time of termination for cause are forfeited; unused credits at the time of voluntary termination may be refunded at PhotoFoo’s discretion.
PhotoFoo may update these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a revised “Last updated” date. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration or in courts of competent jurisdiction.
For questions about these Terms, contact us at help@photofoo.com.