Plain English Summary: You're subscribing to an AI photo enhancement service. You own your photos — we just enhance them. You're responsible for making sure the photos you upload are yours to use and that your enhanced listing photos are accurate representations of your property. We're not responsible for how your listings perform.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Everyday Capital LLC, doing business as PhotoMonster ("PhotoMonster," "we," "us," or "our").
By creating an account, paying for a subscription, or using any PhotoMonster service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are signing up on behalf of a business, you represent that you have the authority to bind that business to these Terms.
2. Description of Services
PhotoMonster provides AI-powered property photo enhancement services, which include:
- AI enhancement of uploaded property photos (lighting, color, exposure correction)
- Logo watermark overlay on enhanced photos
- Batch photo upload and processing
- Client delivery folders for property managers
- Output formatting for MLS, Zillow, Airbnb, and other platforms
We reserve the right to modify, update, or discontinue features with reasonable notice to active subscribers.
3. Account Registration
To use PhotoMonster, you must be at least 18 years of age, provide accurate and complete information when creating your account, and maintain the security of your account credentials. You are responsible for all activity that occurs under your account.
4. Your Photos and Content
You retain full ownership of all photos you upload. By uploading photos, you grant PhotoMonster a limited license to process those photos solely for the purpose of delivering the enhancement service to you.
Important: You represent and warrant that you own or have the right to use all photos you upload, and that using our service to enhance and publish those photos does not violate any third-party rights, MLS rules, platform terms of service, or applicable laws.
You are solely responsible for ensuring that enhanced photos accurately represent the property being listed and comply with all applicable real estate advertising laws, MLS rules, and platform policies. PhotoMonster enhances photos as-is — it does not add furniture, alter structures, or misrepresent properties. However, you are responsible for reviewing all enhanced photos before publishing them.
5. Prohibited Uses
You may not use PhotoMonster to:
- Upload photos you do not own or have rights to use
- Create or publish listing photos that materially misrepresent a property
- Upload photos containing illegal, offensive, or harmful content
- Attempt to reverse-engineer, scrape, or extract our AI models
- Resell or white-label our services without written permission
- Violate any applicable local, state, or federal law
6. Fees and Payment
PhotoMonster charges a monthly subscription fee based on the plan you select at signup. Current pricing is displayed at photomonster.ai/#pricing.
- Billing cycle: Monthly, billed on the same date each month from signup
- Payment: Credit or debit card, processed securely by Stripe
- Overages: Photos processed beyond your plan limit are charged at the per-photo overage rate shown on your plan
- Failed payments: We will retry up to 3 times over 7 days before suspending your account
- Price changes: We will provide at least 30 days' notice before any price increase for existing subscribers
All fees are in US dollars. We do not offer refunds for partial months of service.
7. Free Trial
PhotoMonster offers a free trial of 5 photo enhancements with no credit card required. The free trial is limited to one per person or business. We reserve the right to discontinue or modify the free trial offer at any time.
8. Cancellation
You may cancel your subscription at any time with no cancellation fee. Cancellations take effect at the end of your current billing period. You retain access to the service until the end of the period you have paid for. To cancel, log into your account settings or email hello@photomonster.ai.
9. Intellectual Property
PhotoMonster's platform, AI models, branding, and underlying technology are owned by Everyday Capital LLC. We grant you a limited, non-exclusive, non-transferable license to use our services for your own business purposes during your subscription period.
You retain full ownership of your original photos. You also own the enhanced versions of your photos produced by our service. We retain no rights to your photos beyond what is necessary to deliver the service.
10. Disclaimer of Warranties
PhotoMonster is provided "as is" without warranties of any kind, express or implied. We do not warrant that the service will be uninterrupted, error-free, or that AI enhancements will meet your specific expectations. AI photo enhancement results vary based on the quality and content of the original photo.
11. Limitation of Liability
To the maximum extent permitted by applicable law, Everyday Capital LLC shall not be liable for any indirect, incidental, special, or consequential damages, including loss of revenue, lost listings, or business opportunities. Our total liability to you shall not exceed the total fees paid by you in the 3 months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless PhotoMonster and Everyday Capital LLC from any claims, damages, or expenses arising from your use of our services, your violation of these Terms, or your violation of any applicable law, including any claims arising from the content of your property listings.
13. Governing Law
These Terms are governed by the laws of the State of California. Any disputes shall be resolved in the courts of Sonoma County, California.
14. Changes to These Terms
We may update these Terms from time to time. We will notify active subscribers by email at least 14 days before material changes take effect. Continued use of our services after that date constitutes acceptance of the updated Terms.
15. Contact
PhotoMonster / Everyday Capital LLC
Email: hello@photomonster.ai
Website: photomonster.ai
Petaluma, California