IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 15) THAT AFFECT YOUR LEGAL RIGHTS.
1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and SUMAA Inc. (“SUMAAI,” “we,” “our,” or “us”), a Japanese corporation (Kabushiki Kaisha) located at Minamiazabu 3-20-1, Azabu Green Terrace 5F, Minato-ku, Tokyo 106-0047 JAPAN, governing your access to and use of the website at https://www.virtualstaging.art and our AI-powered virtual staging services (collectively, the “Service”).
By accessing or using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Description of Service
VirtualStaging.art is an AI-powered virtual staging platform that enables users to upload photographs of real estate properties and land plots and receive AI-generated virtually staged images. The Service uses generative artificial intelligence models provided by third-party providers (including Google, OpenAI, FAL, and others) to produce staged outputs.
3. User Accounts
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate and complete registration information.
- Maintain the security of your account credentials.
- Promptly notify us of any unauthorized use of your account.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms.
To close your account, contact us at [email protected]. Upon account closure, we will delete your personal information in accordance with our Privacy Policy.
4. Credits, Payments, and Subscriptions
4.1 Free Trial
New users receive a free trial of 5 credits to evaluate the Service. Free trial credits are subject to the same terms as purchased credits.
4.2 Purchases and Subscriptions
Credits may be purchased through one-time payments or subscription plans. All prices are displayed at the time of purchase. Payments are processed by Stripe and Payoneer. By making a purchase, you authorize us to charge the applicable fees to your designated payment method.
4.3 Refund Policy
7-Day Money-Back Guarantee for Subscriptions
We are committed to the quality of our Service, and we believe you will be satisfied with the results. However, if you are unsatisfied for any reason, we offer a money-back guarantee for subscription purchases under the following conditions:
- This guarantee is available to first-time subscribers only.
- You must request cancellation and a refund within seven (7) days of your initial subscription purchase date.
- You must have generated three (3) or fewer renders during the subscription period.
- One-time credit pack purchases ("Input Packs") are non-refundable and are not eligible for the money-back guarantee.
To request a refund under this guarantee, contact us at [email protected] within the 7-day window. Refunds will be processed to the original payment method within 5–10 business days.
Credit Refunds for Render Issues
Outside of the money-back guarantee above, we do not offer monetary refunds for purchased credits or subscription fees. However, if you experience an issue with a specific render (e.g., the AI model is unable to process your image adequately), you may flag the render for review by our team. If we determine that the issue is attributable to a limitation of the AI model rather than the quality of the source image or user error, we will refund the credit used for that specific render. Credit refunds are issued at our sole discretion.
5. Intellectual Property Rights
5.1 Your Content
Ownership: You retain all ownership rights to the photographs you upload (“Source Images”) and the AI-generated staged images produced from your Source Images (“Generated Outputs”). SUMAAI does not claim any ownership interest in your Source Images or Generated Outputs.
Your Representations: By uploading Source Images, you represent and warrant that: (a) you own or have obtained all necessary rights, licenses, and permissions to use the Source Images; (b) the Source Images do not infringe upon the intellectual property rights or privacy rights of any third party; and (c) you have the right to submit the Source Images for processing through the Service.
License to SUMAAI: You grant SUMAAI a limited, non-exclusive, worldwide, royalty-free license to use, process, and store your Source Images and Generated Outputs solely for the purpose of providing the Service to you. This license terminates when you delete your content or close your account.
Marketing Use: We will not use your Source Images or Generated Outputs for marketing, promotional, or portfolio purposes without your prior explicit consent.
5.2 SUMAAI Intellectual Property
The Service, including its software, algorithms, user interface, design, trademarks, and all related documentation, is and remains the exclusive property of SUMAAI. Nothing in these Terms grants you any right to use our trademarks, trade names, or branding without our prior written consent.
6. Acceptable Use Policy
You agree to use the Service only for its intended purpose and in compliance with all applicable laws. You must not:
- Upload images that you do not have the legal right to use.
- Upload images that are not photographs of real estate properties or land plots. The Service is designed exclusively for real estate and architectural visualization purposes.
- Use the Service to generate images that are fraudulent, deceptive, or intended to misrepresent the condition, features, or characteristics of a property in a manner that violates applicable consumer protection or real estate disclosure laws.
- Use the Service to generate content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
- Reverse-engineer, decompile, or disassemble any portion of the Service.
- Use automated systems (bots, scrapers, etc.) to access the Service without our prior written consent.
- Attempt to circumvent any security measures, usage limits, or credit restrictions.
- Resell, sublicense, or commercially redistribute the Service itself (this does not restrict your right to use Generated Outputs for commercial purposes).
7. AI-Generated Content Disclaimer
The Service uses generative artificial intelligence to produce virtually staged images. We employ extensive quality measures to deliver the highest-quality results possible. However, you acknowledge and agree that:
Generative AI is inherently non-deterministic. The same input may produce different outputs, and results may vary in quality, accuracy, and realism.
We cannot guarantee that AI-generated outputs will be accurate, photorealistic, architecturally correct, or free from artifacts or errors in every instance.
Generated Outputs are intended for illustrative and marketing purposes only. They do not constitute architectural plans, engineering drawings, construction documents, or professional design advice.
Generated Outputs may not comply with local building codes, zoning regulations, architectural standards, or other real-world legal or structural constraints. You are solely responsible for ensuring that your use of Generated Outputs complies with all applicable laws and regulations.
SUMAAI does not assume any liability for claims, damages, or losses arising from third-party reliance on Generated Outputs, including but not limited to claims of property misrepresentation.
8. Third-Party Services
The Service integrates with third-party AI providers, payment processors, and other service providers. Your use of the Service may be subject to the terms and privacy policies of these third parties. SUMAAI is not responsible for the practices, content, or availability of third-party services.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUMAAI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF SUMAAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUMAAI’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO SUMAAI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SUMAAI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, SUMAAI MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, RELIABILITY, OR SUITABILITY OF AI-GENERATED OUTPUTS FOR ANY PARTICULAR PURPOSE.
11. Indemnification
You agree to indemnify, defend, and hold harmless SUMAAI and its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Service or any Generated Outputs.
- Your breach of these Terms.
- Your violation of any applicable law or regulation.
- Your infringement of any intellectual property or other rights of a third party.
- Any third-party claim that your use of Generated Outputs constitutes misrepresentation, fraud, or deception.
12. Copyright Infringement (DMCA)
If you believe that content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to:
Email: [email protected]
Your notice must include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Service; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; and (e) a statement under penalty of perjury that your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
13. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, upon notice to you. You may terminate your account at any time by contacting [email protected]. Upon termination:
- Your license to use the Service immediately ceases.
- Any unused credits are forfeited and are not refundable.
- We will delete your account data in accordance with our Privacy Policy.
Sections that by their nature should survive termination shall survive, including but not limited to Sections 5 (Intellectual Property), 7 (AI Disclaimer), 9 (Limitation of Liability), 10 (Disclaimers), 11 (Indemnification), 14 (Governing Law), and 15 (Arbitration).
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles. Subject to the arbitration provision in Section 15, any disputes arising under these Terms that are not subject to arbitration shall be subject to the exclusive jurisdiction of the Tokyo District Court.
15. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1 Agreement to Arbitrate
You and SUMAAI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) shall be resolved through binding arbitration on an individual basis, rather than in court, except that either party may bring claims in small claims court if they qualify.
15.2 Arbitration Rules
Arbitration shall be administered by the Japan Commercial Arbitration Association (JCAA) under its Commercial Arbitration Rules then in effect. The arbitration shall take place in Tokyo, Japan, or, at your election, may be conducted remotely by videoconference. The language of arbitration shall be English. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.3 Class Action Waiver
YOU AND SUMAAI AGREE THAT EACH 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND SUMAAI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
15.4 Opt-Out
You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, you may pursue claims in court subject to Section 14.
15.5 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
16. Changes to These Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the revised Terms on the Service with an updated “Last Updated” date and, where required by law, by notifying you via email. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
17. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SUMAAI regarding the Service and supersede all prior agreements and understandings.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Our failure 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 your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
- Force Majeure: SUMAAI shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, internet or power outages, or failures of third-party AI providers.
18. Contact Us
If you have questions about these Terms, please contact us:
SUMAAI Inc.
Minamiazabu 3-20-1, Azabu Green Terrace 5F, Minato-ku, Tokyo 106-0047 JAPAN
Email: [email protected]