Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and PromoteMyListing (“PromoteMyListing,” “we,” “us,” or “our”) governing your access to and use of our website, dashboard, and services (the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of a brokerage or business, you represent that you are authorized to bind that entity to these Terms.

2. The Service

PromoteMyListing creates short-form video advertisements from the listing photos or media you provide and launches, runs, and manages advertising campaigns for those listings on social platforms such as Meta (Facebook and Instagram). We deliver campaign performance and any leads to your dashboard.

3. Accounts

• You must provide accurate, current information and keep it up to date.
• You are responsible for safeguarding your login credentials and for all activity under your account.
• Notify us promptly of any unauthorized use or security breach.

4. Plans, billing, and payments

• Charges. Each campaign package is a one-time purchase for one listing at the price shown at checkout. It does not renew automatically. You authorize us and our payment processor (Stripe) to charge your selected payment method once for each package you purchase.
• Taxes. Prices exclude taxes unless stated; you are responsible for applicable taxes.
• Refunds. Except where required by law or expressly stated, payments are non-refundable once a campaign has been created or launched. Initiating a chargeback for valid charges is a breach of these Terms.

5. Campaign targets and results

Each campaign package states an up to view target. For example, the 10K plan has a maximum target of 10,000 platform-measured views or impressions. The target is a campaign objective and maximum package scope, not a minimum-delivery guarantee.

• Delivery. Actual views and impressions may be lower than the stated maximum because delivery depends on the listing, audience, market, platform approval, auction conditions, and other factors outside our control.
• Leads. Lead-generation advertising is included, but we do not guarantee any specific number of leads, inquiries, showings, offers, sales, sale price, or time to sell.
• Measurement. Views are counted by the advertising platform’s reporting, which is the authoritative source.
• Campaign period. We manage delivery during the campaign period shown in the Service and may adjust pacing, placements, and allocation to improve performance.

6. Your content and license

You retain ownership of the photos, media, and listing information you provide (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, reproduce, modify, adapt, and create derivative works from Your Content for the purpose of producing videos and creating and running advertisements for your listings, and you appoint us as your authorized agent to place and manage those advertisements on your behalf.

Any video created or generated through the Service from Your Content (a “Generated Video”) may be used by PromoteMyListing in our own advertising, marketing, publicity, portfolio, demonstrations, social media, case studies, and testimonial materials, including paid advertisements. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, display, perform, distribute, edit, format, and create promotional excerpts from Generated Videos for those purposes, without additional approval or compensation. This permission includes displaying the name, brokerage, logo, headshot, listing information, and other identifying material already incorporated into the Generated Video. We will not materially alter a statement you make or represent that you endorsed us unless the endorsement accurately reflects your actual statement or experience.

You represent and warrant that:

• You own or have all necessary rights, licenses, and consents to Your Content, including from any photographer, MLS, or other rights holder.
• You have the authority to grant the promotional and marketing permissions in this section, including for material incorporated into a Generated Video.
• You have the right to market the property and to advertise it on the platforms we use.
• You have obtained any consent required from people depicted in Your Content.
• Your Content does not infringe any third-party rights or violate any law.

7. Acceptable use

You agree not to use the Service to:

• Violate the Fair Housing Act or any anti-discrimination, advertising, consumer-protection, or other applicable law, or MLS or brokerage rules.
• Request or run ad targeting that discriminates based on protected characteristics, or that violates platform policies (including Meta’s Special Ad Category rules).
• Upload content that is unlawful, infringing, deceptive, or that you lack the rights to use.
• Misrepresent a property, price, or your authority to market it.
• Interfere with, disrupt, reverse engineer, or attempt to gain unauthorized access to the Service.

8. Third-party platforms

The Service relies on third-party platforms, including Meta and Stripe. Your use of those platforms is subject to their terms and policies. We are not responsible for their acts or omissions, including ad disapprovals, account or page restrictions, pricing, delivery fluctuations, or changes to their policies or APIs.

9. Leads

Leads are provided to you as-is. We do not guarantee the accuracy, quality, intent, or whether any lead becomes a client. You are solely responsible for contacting and handling leads in compliance with applicable laws, including telemarketing, anti-spam, and consumer-consent laws (such as the TCPA and CAN-SPAM).

10. Intellectual property

The Service, including our software, templates, designs, and trademarks, is owned by PromoteMyListing and protected by law. Except for the rights expressly granted to you, we reserve all rights. You may not copy, modify, distribute, or create derivative works of the Service without our permission.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted or error-free, or that any marketing will result in leads, inquiries, or sales. Real estate and advertising results vary based on factors outside our control.

12. Limitation of liability

To the fullest extent permitted by law, PromoteMyListing will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill. Our total liability for any claim arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the three (3) months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold harmless PromoteMyListing and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

14. Term and termination

We may suspend or terminate your access to the Service at any time if you breach these Terms or to protect the Service or other users. You may stop using the Service at any time. Sections that by their nature should survive termination (including the license to use Generated Videos in our advertising and testimonial materials, content licenses for active campaigns, disclaimers, limitations of liability, and indemnification) will survive.

15. Changes to the Service and Terms

We may modify the Service or these Terms. If we make material changes, we will post the updated Terms with a new “Last updated” date and, where appropriate, notify you. Your continued use after changes take effect constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The state and federal courts located in Travis County, Texas will have exclusive jurisdiction over any dispute not subject to other agreed dispute-resolution terms. Nothing in this section limits rights that cannot be waived under applicable law.

17. Miscellaneous

• These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Service.
• If any provision is found unenforceable, the remaining provisions remain in effect.
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Our failure to enforce a provision is not a waiver of it.

18. Contact us

Questions about these Terms? Contact us at team@promotemylisting.com.