Terms of Use

1. Who these Terms apply to

These Terms apply to two different groups, and some sections apply to only one of them:

• Visitors. Anyone who browses lumarealtyai.com, a demo site, or a client website we host.
• Clients. Real estate agents, teams, and brokerages who subscribe to the Services so we can build, host, and operate a website for them.

Sections addressed to “you” as a Client apply only to Clients. If you have signed a Service Agreement with us, that agreement and these Terms are read together. Where the two genuinely conflict, the signed Service Agreement controls for the subject it covers, and these Terms govern everything else.

2. The Services

LumaRealtyAI designs, builds, hosts, and operates websites for real estate professionals. Depending on the plan, the Services may include an AI search assistant, live map search, IDX or MLS listing display, lead capture and routing, a client administration area, AI-assisted content tools, email notifications, and search engine optimization work. We may add, change, or remove features at any time. We will not make a change that materially reduces the core functionality of a Client site without notice.

3. Demo sites and sample content

Demo sites are for illustration only. The demo websites we generate (for example, at lumarealtyai.com/demo/…) contain fictional, AI-generated sample listings, addresses, prices, photographs, and content created for demonstration purposes. They do not represent real properties, real Multiple Listing Service (MLS) data, actual availability, or real pricing, and must not be relied upon for any real estate decision. Property photographs in demos are stock or illustrative imagery and do not depict the addresses shown. Demo sites are excluded from search engine indexing and are not a substitute for a licensed data feed.

4. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Services. If you create an administrative account, you are responsible for safeguarding your credentials and for all activity under your account. Do not share logins between people. Tell us promptly at [email protected] if you believe an account has been compromised. We may suspend an account we reasonably believe has been compromised or is being used in breach of these Terms.

5. Client responsibilities and legal compliance

This section is the most important one for Clients. You are the publisher of your website. We build and operate the platform; the business it advertises, the claims it makes, and the jurisdiction it operates in are yours. You are solely responsible for ensuring that your site, your content, and your use of the Services comply with every law and rule that applies to you, including:

• Real estate licensing and advertising law in every state where you are licensed and advertise, including required license numbers, brokerage identification, team name rules, and any state-specific advertising disclosures;
• Your MLS and association rules, including IDX display rules, attribution and disclosure requirements, refresh frequency, prohibited data uses, and any rules governing the use of artificial intelligence with MLS data;
• Fair housing law, including the federal Fair Housing Act and any state or local equivalent. You must not publish content that expresses a preference, limitation, or discrimination based on a protected characteristic, and you must not use our tools to target or exclude audiences on that basis;
• Marketing and communications law, including the CAN-SPAM Act, the Telephone Consumer Protection Act, state do-not-call and consent rules, and text-message consent requirements, for any outreach you send to leads captured through your site;
• Privacy and data protection law applicable to the visitors of your site, including any state privacy statute that reaches your business;
• Accessibility obligations that apply to your business; and
• Copyright and licensing for every photograph, video, logo, floor plan, and piece of text you supply to us or upload through the admin area.

You represent that you hold every licence, consent, and right necessary for the content you give us and for the data feeds you ask us to connect. We do not independently verify your licensing status, your MLS participation, or your rights in the content you supply.

6. MLS and IDX data

Where your site displays MLS listing data, that data is licensed to you, not to us. You are the participant or subscriber; we act as your technology provider or vendor under the terms your MLS sets.

• You are responsible for obtaining and maintaining your own IDX or data licence, for signing whatever data licence agreement your MLS requires, and for naming us as your technology provider where that is required.
• You authorize us to access, store, and display that data solely to operate your website, and to disclose our role to your MLS or data aggregator on request.
• We will make reasonable efforts to configure your site to the display rules your MLS publishes, including attribution, required disclosures, refresh timing, and any restriction on which listing statuses may be shown. Rules change and MLSs interpret them differently. Confirming that your live site satisfies your MLS is ultimately your responsibility as the licensee. Tell us promptly about any compliance notice you receive and we will work with you to resolve it.
• If your MLS, data aggregator, or broker withdraws, suspends, or restricts your feed, we must disable the affected display. We are not liable for the resulting loss of functionality, and your subscription continues unless you cancel it.
• MLS data is provided to you as it is received. We do not warrant its accuracy, completeness, or timeliness, and we do not alter the text of listing records supplied through your feed.
• You must not use the Services to scrape, redistribute, resell, or build a derivative database from listing data beyond what your data licence permits.

7. Legal documents we supply for Client sites

As a convenience, we generate a default privacy policy and terms of use for each Client website, pre-filled with your business details, and we give you the ability to edit both from your administration area.

Please read this carefully. Those documents are provided as a starting template only. LumaRealtyAI and Lux & Grand are not a law firm, are not your attorney, and do not provide legal advice. Nothing we generate, and nothing in these Terms, is legal advice or creates an attorney-client relationship. The templates are generic, they are not tailored to your jurisdiction, your brokerage's policies, your MLS's rules, or the specific ways your business collects and uses information, and they may not satisfy the requirements of any particular law.

Before you publish or continue to rely on them, you must have a licensed attorney in your jurisdiction review and, where necessary, revise them, and you should have them reviewed again whenever your business practices or the applicable law changes. Once published on your site, those documents are your published statements to your visitors, and you are solely responsible for their accuracy, adequacy, and legal sufficiency. We accept no liability arising from your use of, or reliance on, the default templates, whether you edited them or not.

8. Acceptable use

You agree not to:

• Use the Services for any unlawful, fraudulent, deceptive, or harmful purpose;
• Violate fair housing, advertising, real estate licensing, privacy, or other applicable law;
• Publish content that infringes the intellectual property, publicity, or privacy rights of others;
• Upload malicious code, probe or attempt to gain unauthorized access to the Services or another Client's data, or disrupt or overload our infrastructure;
• Scrape, crawl, or bulk-download the Services or any data feed except as your data licence permits;
• Resell, sublicense, or provide the Services to a third party as your own product without our written agreement;
• Misrepresent demo content as real property listings or data; or
• Use the Services to send unsolicited bulk messages.

9. AI features

The Services include AI-generated content and an AI assistant. AI output may be inaccurate, incomplete, biased, or out of date. It is provided for convenience only and is not legal, financial, mortgage, tax, appraisal, or other professional advice.

• You are responsible for reviewing AI-generated content before relying on it or leaving it published, exactly as you would review copy written by a staff member.
• Where an MLS restricts how artificial intelligence may be used with its data, we configure the AI features to those restrictions, including grounding answers in the licensed feed rather than inventing property facts, and preserving listing text as supplied. Your obligations under section 6 still apply.
• Your administration area includes an oversight tab with a conversation log and a control to disable the AI assistant on your site immediately. If your MLS or broker instructs you to halt AI use, you can and should use it.
• Conversations with the assistant are logged so that they can be audited. See our Privacy Policy.

10. Your content and data

Content you provide remains yours. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, and display that content for as long as we operate your site, solely in order to provide the Services. That licence ends when we stop hosting your site, except for backups and records we are required to keep.

Leads captured through your website belong to you. We process them on your behalf, route them to the addresses you configure, and store them in your administration area. You may export your leads at any time while your subscription is active.

11. Fees, billing, and subscriptions

Paid plans are billed monthly in advance. Unless a signed Service Agreement says otherwise:

• How a subscription starts. We send you a service agreement listing the line items and the monthly total. You review it, sign it electronically, and provide a payment method. Billing begins on the start date shown on the agreement.
• Electronic signature. You agree that your electronic signature on that agreement has the same legal effect as a handwritten signature under the federal E-SIGN Act and the Uniform Electronic Transactions Act, and you consent to receive the agreement, invoices, and related notices electronically. We record the signer's name, email, timestamp, IP address, browser, and a hash of the signed document as evidence of the transaction.
• Recurring charges. By providing a payment method you authorize us to charge it automatically each month for the amount shown on your agreement, plus any additional services you later approve, until the subscription is cancelled. Charges are processed by Stripe. We do not receive or store your full card number.
• Month to month. The subscription is month to month, not an annual contract. It renews automatically each month.
• Cancellation. You may cancel at any time, effective at the end of the current billing period. Cancellation stops future charges. Fees already paid are non-refundable except where the law requires otherwise, and we do not pro-rate a partial month.
• Failed payments. If a charge fails, we and our payment processor may retry it. If a balance stays unpaid, we may suspend the Services after notice and, if it remains unpaid, terminate and take the site offline.
• Price changes. We may change pricing for future billing periods on at least 30 days' notice to the email on your account. Continuing after the change takes effect is acceptance of the new price. If you do not accept it, cancel before it takes effect.
• Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, or similar taxes, other than taxes on our income.
• Third-party costs. MLS fees, data-feed fees, domain registration, and any third-party service you ask us to connect are billed to you by those providers unless we have expressly agreed to include them.
• Disputes. If you believe an invoice is wrong, contact us within 60 days of the invoice date and we will investigate. Please raise it with us before initiating a chargeback.

Timelines we share, such as launch estimates, are good-faith targets and can be affected by third parties, including MLS approvals, domain transfers, and data-feed provisioning.

12. Term, suspension, and termination

These Terms apply while you use the Services. We may suspend or terminate access if you breach these Terms, if your account is past due, if we are required to by an MLS, data provider, or law, or if continued operation poses a security or legal risk. Where practical we will give notice and an opportunity to cure.

On termination: your site is taken offline, and you may request an export of your leads and the content you supplied. We will make that export available for 30 days after termination, after which your data may be deleted from active systems in the ordinary course. The website design, templates, and underlying software remain ours; you do not receive the source code. Your domain name remains yours, and we will cooperate in pointing it elsewhere.

13. Intellectual property

The Services, including our software, designs, templates, component library, and branding, are owned by LumaRealtyAI and Lux & Grand and are protected by intellectual property law. Subject to these Terms, we grant Clients a limited, non-exclusive, non-transferable licence to use the website we build for them for the duration of their subscription. We retain the right to display an unobtrusive credit in the footer of Client sites.

14. Third-party services

The Services depend on third-party providers, including hosting, databases, AI processing, payment processing, mapping, email delivery, spam protection, and MLS data distribution. Your use of certain features may be subject to those providers' terms. We are not responsible for the acts, omissions, availability, or pricing of third-party services. A current list of the providers who process data for us is in our Privacy Policy.

15. Data protection roles

For personal information collected through a Client website, such as lead form submissions and assistant conversations, the Client is the controller (or business) and LumaRealtyAI is the processor (or service provider). We process that information only to provide the Services, on the Client's documented instructions, and we do not sell it or use it to build our own marketing lists. For information collected on lumarealtyai.com itself, we are the controller. See our Privacy Policy for detail.

16. Confidentiality

Each party may receive non-public information from the other. Each agrees to use that information only to perform under these Terms and to protect it with at least reasonable care. This does not cover information that is public, independently developed, or lawfully received from a third party, and it does not prevent a disclosure required by law, provided the disclosing party gives notice where it lawfully can.

17. Publicity

We may identify you as a client and show a screenshot or link to your site in our portfolio and marketing, unless you tell us in writing that you would rather we did not. We will honour that request going forward.

18. Copyright complaints

If you believe content on a site we host infringes your copyright, send a notice under the Digital Millennium Copyright Act to [email protected] including: your contact details, identification of the work, the URL of the material, a statement of good-faith belief that the use is unauthorized, a statement that the notice is accurate and that you are authorized to act, and your physical or electronic signature. We will respond as the DMCA requires and may remove material or terminate repeat infringers.

19. Disclaimers

THE SERVICES ARE 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT AI OUTPUT OR MLS DATA WILL BE ACCURATE, OR THAT ANY SEARCH RANKING, TRAFFIC, LEAD VOLUME, OR SALES RESULT WILL BE ACHIEVED. NOTHING WE PROVIDE IS LEGAL, TAX, APPRAISAL, OR OTHER PROFESSIONAL ADVICE.

20. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMAREALTYAI AND LUX & GRAND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD $100 IF YOU HAVE NOT PAID US. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

21. Indemnification

You agree to defend, indemnify, and hold harmless LumaRealtyAI, Lux & Grand, and our officers, employees, and contractors from any claim, damage, liability, penalty, and expense (including reasonable legal fees) arising from: your content; your use of the Services; your breach of these Terms; your violation of any law, MLS rule, or third-party right; any claim that your site's privacy policy, terms, or disclosures were inadequate; and any regulatory action brought against you.

22. Force majeure

Neither party is liable for a delay or failure caused by events beyond its reasonable control, including outages at hosting, data, payment, or AI providers, MLS or data-feed interruptions, network failures, natural events, labour disputes, and government action. Payment obligations are not excused.

23. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in New York for any dispute, except that either party may bring a qualifying claim in small-claims court. Before filing, please contact us and give us 30 days to resolve the issue informally. Each party waives any right to a trial by jury and to participate in a class action.

24. General

If a provision is found unenforceable, the rest stays 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. These Terms, together with any signed Service Agreement and our Privacy Policy, are the entire agreement between us on this subject. There are no third-party beneficiaries. Provisions that by their nature should survive termination will survive, including sections 10, 13, 16, and 19 through 23.

25. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. For changes that materially affect Clients, we will give notice by email to the address on the account at least 30 days before they take effect. Your continued use of the Services after changes become effective is acceptance of the updated Terms.

26. Contact us

Questions about these Terms? Contact us at [email protected] or visit luxandgrand.com. LumaRealtyAI is a product of Lux & Grand LLC.