Terms and Conditions

Effective Date: January 1, 2025

Welcome to The Staging Tool ("the Platform"). By accessing or using the Platform, you ("the User") agree to be bound by the following terms and conditions ("Terms"). If you do not agree to these Terms, please refrain from using the Platform.

1. General Overview

1.1 The Staging Tool is a technology platform designed to assist users by leveraging large language models for AI-powered home staging and related purposes.

1.2 These Terms govern the relationship between The Staging Tool and Users, outlining rights, obligations, and limitations for both parties.

1.3 These Terms incorporate compliance with applicable laws, including GDPR, CCPA, and relevant international regulations.

1.4 The Staging Tool's jurisdiction for legal matters is Ireland, with specific provisions for regional compliance as detailed below.

2. Definitions

2.1 Service Level Agreement (SLA): The Staging Tool aims to provide 99% uptime for the Platform, excluding planned maintenance and force majeure events. SLA terms are aspirational and do not constitute a warranty.

2.2 Planned Maintenance: Scheduled maintenance windows will occur between 1:00 AM and 5:00 AM UTC, with advance notice provided via the Platform.

2.3 Force Majeure: Events beyond reasonable control, including natural disasters, government actions, and technical failures, that may impact the provision of services.

2.4 AI/ML Disclaimer: Outputs generated by The Staging Tool's AI/ML models are intended for informational purposes only. The Staging Tool disclaims all liability for inaccuracies, errors, or omissions resulting from the use of AI/ML outputs.

3. Use of the Platform

3.1 Users must be at least 18 years old or of legal age in their jurisdiction to use the Platform.

3.2 The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. The Staging Tool makes no guarantees regarding the uptime, performance, or reliability of the Platform beyond the SLA.

3.3 Professional advice disclaimer: Outputs from the Platform are for informational purposes only and should not be considered professional advice.

3.4 Users are responsible for ensuring that their use of the Platform complies with applicable laws and these Terms.

4. Payment and Subscription Terms

4.1 Subscription fees, payment schedules, and billing terms are detailed on the Platform. Users will be notified at least 30 days in advance of any price changes.

4.2 Free trials, if offered, are subject to these Terms. Free trials are subject to usage limitations. If usage limitations are met, Users can decide to subscribe to The Staging Tool.

4.3 Billing disputes must be submitted in writing within 30 days of the charge. The Staging Tool will investigate and resolve disputes within 14 business days.

4.4 Subscriptions automatically renew unless canceled in Stripe at least 7 days before the renewal date. Notification of renewal will be sent at least 14 days prior to the renewal date.

4.5 Refund requests will be processed within 14 business days of approval. Refunds may be prorated based on usage and must comply with consumer protection laws in the User's jurisdiction.

4.6 Service downgrades must be requested through the Platform and will take effect at the start of the next billing cycle. Users will not receive refunds for unused features.

5. Limitations of Liability

5.1 The Staging Tool's liability is capped at the total amount paid by the User in the three months preceding the claim. This cap is jurisdiction-specific and may vary where local laws override these Terms.

5.2 The Staging Tool disclaims liability for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

5.3 The Staging Tool is not liable for third-party claims arising from API usage, third-party integrations, or inaccuracies in AI/ML outputs.

5.4 No warranties, express or implied, are provided regarding the Platform's accuracy, reliability, or fitness for specific purposes.

6. Data Protection

6.1 The Staging Tool complies with GDPR and CCPA requirements for data protection. Users in other jurisdictions are afforded similar protections where applicable.

6.2 Data retention policies are jurisdiction-specific:

  • EU/EEA: Data will be retained for 3 years unless otherwise required.
  • United States: Data will be retained for 5 years in compliance with applicable regulations.
  • Other regions: Retention periods will align with local laws.

6.3 Data breach notifications will be issued within 72 hours of discovery where required by law.

6.4 Users may request data portability by contacting support. Requests will be processed within 30 days.

7. Acceptable Use Policy

7.1 Users may not:

  • Engage in illegal, fraudulent, or harmful activities.
  • Transmit malicious software, viruses, or other harmful code.
  • Violate intellectual property rights or privacy laws.

7.2 The Staging Tool reserves the right to suspend or terminate access for violations of this policy.

8. Account Management and Termination

8.1 Accounts may be suspended or terminated for non-compliance with these Terms or non-payment.

8.2 Emergency termination procedures may apply in cases of security threats or unlawful activity.

8.3 Upon termination, User access to the Platform will be revoked, and associated data will be retained per the Privacy Policy.

8.4 Account recovery requests must be submitted in writing and verified by The Staging Tool.

9. API Usage

9.1 API usage is subject to additional terms provided upon access.

9.2 Unauthorized use of the API is strictly prohibited and may result in termination of access.

9.3 Users must adhere to security protocols and rate limits specified by The Staging Tool. Default rate limits are 1,000 requests per hour unless otherwise agreed.

9.4 API incident response procedures will be initiated within 24 hours of any reported issue.

10. Security Requirements

10.1 The Staging Tool employs industry-standard encryption and access controls to protect User data.

10.2 Users must notify The Staging Tool immediately of any security breaches or unauthorized access to their account.

10.3 Backup retention policies ensure that data backups are securely maintained for 90 days and destroyed thereafter unless otherwise required.

10.4 Incident response plans are in place to address security breaches, with affected users notified promptly in compliance with applicable laws.

11. Dispute Resolution

11.1 These Terms are governed by the laws of Ireland. For international users, local jurisdiction laws may apply if mandated by local consumer protection regulations.

11.2 Disputes shall be resolved through binding arbitration in Ireland, unless otherwise required by regional laws.

11.3 Users waive the right to participate in class action lawsuits against The Staging Tool where permissible by law.

11.4 Alternative Dispute Resolution (ADR) methods may be explored upon mutual agreement.

12. Modifications to the Platform and Terms

12.1 The Staging Tool reserves the right to modify, suspend, or discontinue the Platform with 30 days' notice.

12.2 Updates to these Terms will be communicated via email or the Platform. Continued use after changes constitutes acceptance of the revised Terms.

13. Contact Information

For questions or concerns, please contact us at:

Email: support@thestagingtool.com

By using The Staging Tool, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.