Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Better Listing Media LLC ("Better Listing Media," "Company," "we," "us," or "our") governing your access to and use of the Better Listing Media platform located at betterlistingmedia.com, its subdomains, applications, software, and related services (collectively, the "Platform").

By accessing, registering for, or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Platform.

If you use the Platform on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

1. Description of the Platform

Better Listing Media operates a technology platform that provides:

• AI-assisted real estate photo editing services (HDR merge, virtual twilight, sky replacement, virtual staging, and more)
• Booking and scheduling of real estate photography services
• Matching of clients with independent photographers and editors
• RAW media uploads and editing workflows
• Digital asset delivery and studio management tools
• Subscription plans and pay-per-image pricing
• Payment processing and payout distribution

Better Listing Media provides technology infrastructure and acts as a marketplace facilitator. Except where explicitly stated in a written agreement, the Company does not employ photographers or editors and does not act as a photography agency.

2. Eligibility

To use the Platform you must:

• be at least 18 years of age
• have the legal capacity to enter into binding agreements
• comply with all applicable laws

By using the Platform, you represent and warrant that you meet these requirements.

3. User Accounts

3.1 Account Registration

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You must notify us immediately at support@visualadvantagemedia.com if you suspect unauthorized use of your account.

3.2 Account Roles

The Platform supports multiple user roles including: Clients / Agents, Photographers, Editors, Enterprise Photographers, Organization Administrators, and Platform Administrators. Each role may have different permissions and responsibilities.

3.3 Account Approval

Photographer and editor accounts may require review and approval by the Company. Better Listing Media reserves the right to approve, reject, suspend, or terminate accounts at its sole discretion. Approval does not create an employment relationship.

4. Marketplace Rules and Non-Circumvention

Users who connect through the Platform agree not to circumvent the Platform. You may not arrange services directly with another user introduced through the Platform, bypass Platform payments, or solicit off-platform transactions for a period of twelve (12) months after your first interaction through the Platform. Violation may result in account suspension, permanent removal, or financial penalties where permitted by law.

5. Bookings and Payments

5.1 Booking Confirmation

A booking is confirmed only after successful payment processing. Payments are processed through Stripe or other approved payment processors.

5.2 Subscription Plans

Better Listing Media offers subscription plans that provide monthly editing credits at discounted rates. Subscription fees are billed on a recurring basis. Credits not used in a billing period do not roll over unless explicitly stated in the plan terms.

5.3 Platform Fees

Better Listing Media may charge booking fees, service fees, subscription fees, and platform processing fees. Platform fees are non-refundable once a booking is confirmed. Fees may change at any time with notice.

5.4 Taxes

Users are responsible for all applicable taxes associated with services purchased or earnings received through the Platform. Where required by law, the Company may collect and remit taxes.

5.5 Chargebacks

Users agree not to initiate chargebacks without first contacting Better Listing Media support. Improper chargebacks may result in account suspension, removal from the Platform, and recovery of chargeback fees.

6. Cancellations and Refunds

All refund requests are evaluated on a case-by-case basis at the sole discretion of Better Listing Media LLC.

When a refund is approved, it is issued exclusively in the form of platform credits applied to the customer's account. Platform credits:

• have no cash value
• may not be redeemed for cash or transferred to another account
• may be applied toward future services on the Platform
• do not expire during the period that the account remains active

Better Listing Media does not issue cash refunds or refunds to original payment methods. Photography booking cancellations may be subject to cancellation fees as outlined in our Refund & Cancellation Policy.

For AI editing services, refund requests must be submitted within 48 hours of delivery.

7. Deliverables and Revisions

7.1 Delivery

Completed media assets are delivered digitally through the Platform. Delivery timeframes are estimates and are not guaranteed.

7.2 Revisions

Bookings may include one round of revisions requested within 48 hours of delivery. Revisions may include minor corrections such as brightness, color balance, and horizon alignment. Major creative changes may incur additional fees.

7.3 Reshoots

Reshoots may be offered only in cases of verified technical failure. Reshoots are not offered for weather conditions, property condition, staging issues, or client absence.

8. AI-Assisted Editing

Certain editing services utilize AI-assisted technologies including HDR merging, sky replacement, twilight conversion, virtual staging, object removal, and color correction. AI processing is automated and may occasionally produce visual artifacts or inconsistencies. Users acknowledge that AI editing results may vary and may not replicate manual editing outcomes. Better Listing Media does not guarantee specific visual results from AI processing.

9. Photographers and Editors

9.1 Independent Contractor Status

Photographers and editors are independent contractors. Nothing in these Terms creates employment, partnership, or agency relationship. Service providers are responsible for their taxes, insurance, equipment, and compliance with applicable laws.

9.2 Job Acceptance

Accepting a job creates a commitment to perform services as scheduled. Repeated cancellations or no-shows may result in account suspension.

9.3 Payouts

Payouts are processed through Stripe Connect. Payout structures may change over time and will be communicated through the Platform. The Company may withhold payouts pending investigation of disputes, quality issues, or policy violations.

9.4 Drone Operations

Photographers operating drones are solely responsible for compliance with FAA regulations and local laws. Better Listing Media assumes no liability for drone operations.

10. Property Access and Safety

Clients are responsible for ensuring that properties are safe and accessible for scheduled shoots. Better Listing Media is not liable for property damage, personal injury, or loss or theft arising from property access during photography sessions.

11. Intellectual Property

11.1 Work-For-Hire Ownership

All photographs, videos, and media created through services booked on the Platform are considered works made for hire under U.S. copyright law. To the extent any media is not considered work-for-hire, photographers hereby irrevocably assign all rights, title, and interest in the media to Better Listing Media LLC, including all copyrights.

11.2 Photographer Portfolio License

Photographers are granted a perpetual, non-exclusive, royalty-free license to use media they capture through the Platform solely for self-promotional purposes including portfolios, websites, social media, and marketing materials. Photographers may not sell or license such media without written permission from Better Listing Media.

11.3 Client License

Clients receive a perpetual, non-exclusive license to use delivered media solely for marketing the associated property listing. Media may not be resold or used for unrelated commercial purposes without permission.

11.4 Platform Marketing Rights

Better Listing Media may use any media created through the Platform for marketing, promotional materials, portfolio displays, and product demonstrations.

11.5 Listing Transfer License

The license granted to Clients under Section 11.3 is limited to the specific property listing and the licensed agent or brokerage that purchased the services. If the listing is transferred to a different agent, brokerage, or entity, the original license does not automatically transfer. A new license must be purchased through the Platform. Unauthorized reuse may constitute copyright infringement.

12. Prohibited Conduct

Users may not violate laws, submit fraudulent information, disrupt the Platform, scrape data, impersonate others, harass users, bypass platform payments, or upload unlawful or harmful content.

13. Disclaimer of Warranties

The Platform is provided "as is" and "as available." Better Listing Media does not guarantee uninterrupted operation, error-free functionality, or service provider performance.

14. Limitation of Liability

To the maximum extent permitted by law, Better Listing Media shall not be liable for indirect, incidental, special, or consequential damages including lost profits, lost business, or lost data. Total liability shall not exceed the greater of amounts paid by you in the previous 12 months or $100 USD.

15. Indemnification

You agree to indemnify and hold harmless Better Listing Media from claims arising from your use of the Platform, violation of these Terms, or violation of third-party rights.

16. Dispute Resolution and Arbitration

Disputes must first be attempted to be resolved informally. If unresolved, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Utah. Users waive participation in class action lawsuits.

17. Governing Law

These Terms are governed by the laws of the State of Utah, United States.

18. Termination

Better Listing Media may suspend or terminate accounts at any time for violations of these Terms or harmful conduct. Users may terminate accounts by contacting support@visualadvantagemedia.com.

19. Changes to Terms

We may update these Terms periodically. Material changes will be communicated via email or Platform notice 14 days before taking effect.

20. Contact

For questions about these Terms, please contact: