Terms and Conditions

Agreement

These Terms and Conditions ("Terms") govern your access to and use of Yavay Hub, including Yavay CRM, Yavay Studio, Yavay Social, and related websites, applications, APIs, and services (collectively, the "Service"). By creating an account, signing in, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

We may update these Terms from time to time. We will indicate the date of the latest revision at the top of this page. Material changes may be communicated through the Service or by email where appropriate. Your continued use after changes become effective constitutes acceptance of the revised Terms.

Eligibility and accounts

The Service is intended for business use by real estate and marketing professionals. You must be at least 18 years old and the age of majority in your jurisdiction to use the Service. If you use the Service on behalf of an organization (for example, a brokerage or agency), you represent that you have authority to bind that organization, and "you" includes that organization.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate registration information and notify us promptly of any unauthorized access or security breach.

Subscriptions, credits, fees, and billing

Certain features require a paid subscription or the purchase of credits. Prices, billing cycles, credit allowances, and plan names (such as Hub Free, Hub Pro, Hub Max, or Hub Team) are described where you purchase or manage your plan. Taxes may apply based on your location.

Payments are processed by our third-party payment provider (for example, Stripe). By subscribing or purchasing credits, you authorize us and our payment provider to charge your payment method on a recurring basis where applicable. You can manage or cancel your subscription through the billing or customer portal we make available, subject to the timing and policies of your payment provider.

Credits. Credits are a prepaid license to use certain generation features and have no cash value. Credits included with a subscription are refreshed at the start of each billing period and do not roll over unless we expressly say so for a given plan. Purchased credit packs (one-time top-ups) remain available for twelve (12) months from the date of purchase, after which any unused credits expire. Credits are non-transferable and, except where required by law, non-refundable.

Refunds. Subscription fees are non-refundable except where required by applicable consumer protection law. If you cancel a subscription, you will retain access through the end of the current billing period and will not be charged for subsequent periods. One-time credit purchases are final once the credits have been delivered to your account, except where required by law.

Payment failure. If a payment fails, we will attempt to re-charge your payment method and notify you. If the payment remains unresolved after a seven (7) day grace period, we may suspend paid features or downgrade your account to the free tier. We may permanently disable paid access for accounts that remain delinquent after a further notice period.

We may change fees or introduce new charges with reasonable notice where required by law. If you do not agree to a fee change, you may cancel before the change takes effect.

License to use the Service

Subject to these Terms and your compliance with them, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes, in accordance with any documentation we provide.

You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the Service except where applicable law prohibits such restrictions. You may not use the Service to build a competing product or to scrape or harvest data at scale without our written consent.

Acceptable use

You agree not to misuse the Service. Without limitation, you must not: violate applicable law; infringe intellectual property or privacy rights; upload malware or attempt to disrupt or gain unauthorized access to our systems or other users' data; harass, threaten, or impersonate others; send spam or unsolicited marketing; or use the Service to generate or distribute unlawful, defamatory, hateful, or sexually exploitative content.

Prohibited content. Without limiting the above, you must not upload or attempt to generate: sexual content involving any real person without their verifiable consent; any sexual content involving minors (CSAM); non-consensual intimate imagery or deepfakes of any real person; content that depicts, promotes, or facilitates violence, self-harm, terrorism, or serious unlawful activity; or content that circumvents our safety filters or the use restrictions of our model providers.

We may investigate and suspend or terminate access if we reasonably believe you have violated these Terms or pose a risk to the Service, our model providers, or other users.

Your content

You may upload images, text, project data, or other materials ("User Content") to the Service. You retain ownership of your User Content. You grant us and our subprocessors a worldwide, non-exclusive license to host, store, reproduce, process, and display User Content solely to operate, secure, improve, and provide the Service to you, including to generate Outputs you request.

You represent and warrant that you have all rights necessary to upload and use your User Content — including, where applicable, rights from the photographer, copyright holder, property owner, MLS, or portal whose images you are uploading — and that doing so does not violate third-party rights or law. We may remove User Content that violates these Terms or that we are required to remove by law.

Model improvement

We may use your feedback and interaction signals — such as ratings, accept/reject actions, retries, edits, and whether you download an Output — to evaluate and improve the Service, including training and fine-tuning the AI models that power it. We do not use your uploaded photos, generated Outputs, or project data to train models without your consent. Feedback signals used for model improvement are aggregated and de-identified where practical. You may contact privacy@yavay.app to opt out of the use of your feedback for model training; opting out does not affect aggregated or previously incorporated data.

Rights in Outputs

As between you and us, you own the images, videos, text, and other outputs that the Service generates for you from your User Content ("Outputs"), and we grant you a worldwide, royalty-free, perpetual license to use, reproduce, modify, distribute, publicly display, and otherwise exploit the Outputs for any lawful purpose, including commercial use in real-estate listings, marketing, advertising, print, and social media. These rights are subject to (a) your compliance with these Terms, (b) the restrictions of any upstream AI model provider whose technology powers the Output (which we will pass through only where required and only to the extent applicable), and (c) your obligations to disclose AI-generated or virtually-staged imagery where required by law or industry rules.

We retain all rights in the Service itself, including the underlying models and software. Because multiple users may submit similar inputs, similar or identical Outputs may be generated for other users, and you do not obtain exclusive rights in Outputs to the extent they are not original to your User Content.

AI-generated outputs

Yavay Studio and related features may use artificial intelligence and machine learning to produce or modify images and other Outputs. Outputs are generated automatically and may be inaccurate, incomplete, or unsuitable for your intended use. You are solely responsible for reviewing Outputs before use and for ensuring that your use complies with law, contracts, and industry rules (including real-estate advertising, fair housing, and disclosure requirements where applicable).

We do not warrant that Outputs are non-infringing or fit for a particular purpose. You are responsible for obtaining any third-party consents or rights needed for your User Content and for your distribution of Outputs.

Real-estate disclosure and industry rules

Yavay Studio produces virtually staged, altered, or enhanced imagery. Many jurisdictions, MLS systems, and professional standards — including the National Association of REALTORS® (NAR) Code of Ethics and Standards of Practice — require real estate professionals to disclose when listing photographs have been virtually staged or materially altered.

You agree that, when you publish Outputs in connection with a real property listing, marketing material, rental listing, or similar use, you are solely responsible for making any disclosures required by applicable law, MLS rules, NAR ethics rules, state real-estate commission rules, fair-housing rules, and other industry standards that apply to you, the listing, or the target market. Examples include adding "Virtually Staged" captions or watermarks to photos and including a virtual-staging disclosure in the listing description. You will not use Outputs in a way that misleads buyers, tenants, or counterparties about the physical condition of a property.

You will indemnify us for any claims arising out of your failure to make a required disclosure under this section. The watermarking, caption, and disclosure tools offered in the Service are provided as a convenience and do not relieve you of your independent disclosure obligations.

Third-party services and model provider terms

The Service relies on third-party infrastructure and services (for example, authentication, hosting, storage, analytics, payment processing, and generative AI model providers). Your use of those services may be subject to their respective terms and privacy policies. We are not responsible for third-party services beyond what the law requires.

Outputs are produced in part by third-party generative AI model providers. Your use of the Service is additionally subject to the acceptable-use policies of those providers, which prohibit, among other things: CSAM, non-consensual intimate imagery or deepfakes of real people, imagery that promotes violence or illegal activity, and attempts to evade safety systems. You agree to comply with those provider-level restrictions and acknowledge that we may enforce them as part of these Terms.

Content you submit to the Service is transmitted to our upstream model providers for the purpose of generating the Outputs you request. Those providers process content under their own API terms, which generally include commitments not to train generally available models on API content. Enterprise and brokerage customers may request additional written assurances through a separate signed agreement.

Feedback

If you send us suggestions, ideas, feature requests, or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, and exploit the Feedback for any purpose, without compensation or attribution. You are not required to provide Feedback.

Copyright complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that content available through the Service infringes your copyright, please send a written notice to our designated agent containing:

(a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and its location on the Service (for example, a URL); (d) your contact information (address, telephone, email); (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

DMCA designated agent:
Copyright Agent, Yavay
Email: dmca@yavay.app
Postal: Yavay, 14359 Miramar Pkwy #309, Miramar, FL 33027, USA

We may remove or disable access to allegedly infringing content and may terminate accounts of repeat infringers. Counter-notices may be sent to the same agent.

Privacy

Our Privacy Policy describes how we collect, use, and share personal information in connection with the Service. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

Data retention and deletion

We retain User Content and account data while your account is active and as needed to operate and secure the Service. You may delete specific User Content at any time through the Service. You may also request deletion of your account by contacting us at the address below.

Following account termination (by you or by us), we will make your User Content available for export for thirty (30) days and will then delete or irreversibly de-identify it from our production systems within a reasonable period, except where retention is required by law, necessary to resolve disputes, or maintained in routine, encrypted backups that cycle out over time. EU/UK users retain the rights described in our Privacy Policy, including rights of access, erasure, portability, and objection.

Intellectual property

The Service, including its software, design, branding, and documentation, is owned by us or our licensors and is protected by intellectual property laws. Except for the limited license above, no rights are granted to you.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including mandatory consumer rights in your jurisdiction).

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, SUPPLIERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100), EXCEPT WHERE PROHIBITED BY LAW OR UNLESS OTHERWISE EXPRESSLY AGREED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YAVAY (FOR EXAMPLE, AN ENTERPRISE OR BROKERAGE AGREEMENT).

Indemnity

You will defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from your User Content, your use of the Service, your distribution of Outputs, your failure to make any disclosure required by the "Real-estate disclosure and industry rules" section, your violation of these Terms, or your violation of third-party rights or law.

Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, if we are required to do so by law, or if we discontinue the Service (where we will provide reasonable notice when practicable).

Upon termination, your right to use the Service ceases. The "Data retention and deletion" section describes what happens to your data. Provisions that by their nature should survive (including ownership, Output ownership, disclaimers, limitation of liability, indemnity, feedback, and governing law) will survive.

Governing law and venue

These Terms are governed by the laws of the State of Florida, U.S.A., and the federal laws of the United States applicable therein, without regard to conflict-of-law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply. The exclusive venue for any dispute arising out of or relating to these Terms or the Service will be the state or federal courts located in Broward County, Florida, and you and we each consent to the personal jurisdiction of those courts. This section does not override mandatory consumer-protection laws of the country or state where you habitually reside, which may give you additional rights that cannot be waived by contract.

Informal dispute resolution

Before filing any claim, you agree to first contact us at legal@yavay.app with a written description of the dispute and allow 30 days for good-faith resolution.

Arbitration and class-action waiver

Please read this section carefully. It affects your legal rights.

Subject to the exclusions below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Broward County, Florida, or by video or telephone, and judgment on the award may be entered in any court of competent jurisdiction.

Excluded from arbitration: (a) claims for injunctive or other equitable relief relating to intellectual property or unauthorized use of the Service; (b) small-claims court actions brought individually and within that court's jurisdiction; and (c) any claim where arbitration is prohibited by applicable law.

Class-action waiver. You and we agree that each party may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

30-day opt-out. You may opt out of this arbitration and class-action waiver by sending written notice of your decision to opt out to legal@yavay.app within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you want to opt out. Opting out will not affect any other provision of these Terms.

If any portion of this section is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and brought in a court of competent jurisdiction in Broward County, Florida, as described in "Governing law and venue."

General

These Terms constitute the entire agreement between you and us regarding the Service and supersede prior agreements on the same subject, except that a separately signed written agreement between you and Yavay will control over any conflicting provision of these Terms to the extent of the conflict. If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver.

You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Contact

For questions about these Terms, contact us at:

Yavay
14359 Miramar Pkwy #309
Miramar, FL 33027, USA
General: support@yavay.app
Legal notices: legal@yavay.app
DMCA notices: dmca@yavay.app
Privacy requests: privacy@yavay.app