Terms of Use

1. Agreement

These Terms of Use ("Terms") form a binding agreement between you and Evil Genius Labs LLC, doing business as Luster ("Luster," "Company," "we," "our," "us"), and govern your access to and use of our iOS mobile application, our website at https://lusterapp.ai, and any related services (the "Service"). By downloading, creating an account, signing in, or otherwise using any part of the Service you agree to these Terms and to our Privacy Policy, which is incorporated by reference.

If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.

If you do not agree, do not use the Service.

2. Description of the Service

Luster is an AI-powered image enhancement tool that improves user-submitted photos through automated processing. The Service may adjust lighting, shadows, color balance, perspective, and framing, and remove visual distractions. The Service is intended for aesthetic and marketing purposes only.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. The Service is intended for professional and commercial use, including by licensed real estate agents, photographers, and other industry professionals. You must comply with all applicable laws while using the Service.

4. Account

You sign in via Google, Apple, or Facebook OAuth. You are responsible for:

• maintaining the confidentiality of the device and account you sign in with,
• all activity that occurs under your account,
• promptly notifying us of any unauthorized access at support@lusterapp.ai.

We may suspend or terminate accounts that violate these Terms, abuse the Service, or engage in fraud, in our reasonable discretion.

5. No Professional Advice

The Service does not provide photography, design, legal, compliance, real estate, appraisal, inspection, engineering, or other professional advice. You are solely responsible for determining whether outputs are appropriate for your intended use.

6. Important AI Disclosure

You acknowledge that Luster uses machine-learning systems that may produce outputs that are inaccurate, incomplete, inconsistent, or misleading. Outputs may contain artifacts, distortions, or unintended alterations, including changes that may be considered "hallucinations" inherent to AI processing. You are solely responsible for reviewing every enhanced photo before publishing it.

7. Not Virtual Staging; No Compliance Guarantee

Although Luster is designed to preserve the integrity of a property and avoid misrepresentation, we do not guarantee that any output will comply with MLS rules, advertising standards, real estate disclosure requirements, hospitality marketing standards, or any other applicable laws or regulations.

Compliance requirements vary by jurisdiction, platform, broker, and MLS system. You are solely responsible for verifying compliance and for making any required disclosures before publishing or using outputs.

8. Real Estate AI Disclosure (California AB 723 and similar)

Enhanced photos are not a faithful reproduction of the property as photographed and may include sky replacement, virtual twilight, lighting and colour adjustments, lawn enhancement, and decluttering. You are responsible for using enhanced photos in accordance with all applicable real estate disclosure laws and brokerage policies, including California AB 723.

To support compliance:

• Every QR-stamped export embeds an immutable link to the unaltered original of the photo, dated and hosted by us.
• Premium subscribers can present this link to buyers, MLS systems, or regulators on demand.
• The disclosure obligation under AB 723 attaches to the licensee or brokerage, not to Luster as a SaaS vendor; Luster supplies the technical means to comply.

If you are uncertain whether use of an enhanced photo is permitted in a specific listing or marketing context, consult your broker or counsel before publishing.

9. User Responsibilities

By using Luster, you agree that:

• You own or have legal rights to upload all submitted photos.
• You are solely responsible for reviewing outputs before using them publicly or commercially.
• You are solely responsible for ensuring that outputs are not misleading, deceptive, or improperly altered.
• You will comply with all applicable laws, MLS rules, platform rules, and disclosure requirements.
• You will not rely on Luster outputs as the sole basis for any financial, legal, lending, appraisal, inspection, or purchasing decision.

10. Acceptable Use

You agree NOT to use the Service to:

• Enhance, generate, or distribute photos that you do not have the legal right to use.
• Submit photos containing illegal content, child sexual abuse material, non-consensual intimate imagery, hate speech, or content that defames or harasses any person.
• Misrepresent a property, listing, product, or service, or alter photos in a way that hides defects, hazards, structural damage, mold, water intrusion, safety issues, or other material facts, in violation of fair-housing or consumer-protection laws (see Sections 7–9 above).
• Create deceptive marketing materials intended to mislead buyers, tenants, guests, lenders, insurers, or regulators.
• Impersonate others or generate misleading identity-related imagery.
• Upload unlawful, obscene, defamatory, harassing, or infringing content, or photos containing sensitive personal information without authorization.
• Use the Service for surveillance, stalking, or privacy-invasive purposes.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service except to the extent permitted by applicable law.
• Probe, scan, or test the vulnerability of the Service without our prior written consent.
• Use automated means (bots, scrapers) to access the Service in ways that exceed normal individual use.
• Resell, sublicense, repackage, or exploit the Service or its outputs without a written agreement with us.
• Use the Service to compete with us, including training a competing AI image-enhancement model on our outputs.
• Bypass technical limits, rate limits, photo caps, payment requirements, or security controls.

We reserve the right to suspend accounts and remove content that violates this section.

11. Credits, Subscriptions, and Payments

11.1 Credit packs and subscriptions

• We sell credit packs redeemable for photo enhancements. Credits are deducted at the time you submit an enhancement and refunded automatically if the enhancement fails on our side.
• We may also offer subscriptions (e.g. "Premium") that include monthly credit allowances and access to premium features such as larger batch sizes and priority processing.
• The number of Credits required per generation may vary based on processing type, resolution, or future feature sets.
• Pricing and the exact credit amount per pack or subscription tier are displayed in the App Store at the point of purchase. We may change pricing, Credit requirements, or plan structures at any time, but changes will not apply retroactively to purchases already completed.

11.2 Payment processing

• All payments on iOS are processed by Apple through the App Store. Apple's terms govern your payment, including its refund policy.
• Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before renewal. Manage or cancel any active subscription in your iOS device's Settings → [your name] → Subscriptions.
• We use RevenueCat to track entitlements and to receive purchase webhooks from Apple.

11.3 Refunds

• Failed enhancements: if our system fails to enhance a photo you submitted, we automatically refund the credits used for that job. You can also request a manual credit refund for a specific job by emailing support@lusterapp.ai.
• App Store purchases: any refund of money paid to Apple is governed by Apple's policies, not ours; we do not process payments directly and cannot issue cash refunds. We can issue credit refunds at our sole discretion outside the Apple refund window.

11.4 Goodwill credits

If you are dissatisfied with a result, we may, at our sole discretion, offer replacement Credits or reprocess an image. Issuing replacement Credits does not create an obligation to provide future Credits or adjustments. We may limit or deny Goodwill Credits in cases of repeated or abusive requests.

11.5 No purchase guarantees

Credit balances and subscription entitlements have no monetary value, are non-transferable, are non-redeemable for cash, and may expire if stated at the time of purchase. They are forfeited on account deletion.

12. Processing Failures and Service Changes

We strive to provide consistent results, but you acknowledge that outputs may fail to generate, processing may produce unusable results, and Service performance may vary depending on demand and infrastructure. Features may change, be updated, removed, or replaced at any time. We do not guarantee continuous availability of any specific feature, filter set, lighting option, or enhancement style.

13. Service Limits and Availability

• Free accounts are limited to 20 photos per project. Premium subscribers are limited to 50 photos per project.
• We may impose API rate limits to maintain availability for all users.
• We aim for high availability but do not guarantee uninterrupted operation. We may modify, suspend, or discontinue parts of the Service with reasonable notice.
• Scheduled maintenance and emergency security work may interrupt the Service from time to time.

14. Your Content and Licenses

14.1 Your ownership

You retain all ownership of the original photos you upload ("User Content") and the enhanced outputs we generate from them ("Outputs").

14.2 Limited license to us

By uploading User Content you grant Luster a worldwide, non-exclusive, royalty-free license to host, store, transmit, copy, process, transform, and display that content solely for the purpose of operating, maintaining, improving, and delivering the Service for you (including transmitting it to OpenAI for the enhancement step). You represent and warrant that you have all rights necessary to grant this license. This license terminates when you delete the photo or your account, except to the extent the content has already been transmitted to a sub-processor in a manner that cannot be recalled.

14.3 Output ownership and non-exclusivity

Subject to your compliance with these Terms, you may use Outputs for personal or commercial purposes. However, you acknowledge that Outputs may not be unique, that similar or identical Outputs may be generated for other users, and that we do not guarantee exclusivity of style, lighting, or aesthetic.

14.4 Feedback

If you send us suggestions, ideas, or feedback you grant us a non-exclusive, perpetual, royalty-free license to use that feedback without restriction or compensation.

15. Training Data Policy

User Content and Outputs are not used to train machine-learning models unless you provide explicit opt-in consent. Per OpenAI's API data-usage policy, OpenAI does not use API inputs or outputs to train its models. If you opt in, you may withdraw consent at any time, but training already performed cannot be reversed.

16. Photo Retention and Deletion

We may store uploaded photos and generated Outputs as needed to operate the Service, provide account history, support downloads, improve performance, prevent abuse, and comply with legal obligations.

You may stop using the Service at any time by signing out and deleting your account in Settings → Delete Account (or by emailing support@lusterapp.ai). Account deletion removes your photos, jobs, credit ledger, push tokens, and authentication identity from our systems, subject to the retention schedule in the Privacy Policy. Deletion may not immediately remove all copies due to backups, caching, or legal retention requirements.

17. Privacy

Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

18. Intellectual Property

All content provided by Luster — software, design, algorithms, models, text, graphics, logos, marks, prompts, and branding — is owned by Evil Genius Labs LLC or its licensors and is protected by copyright, trademark, and other laws. Nothing in these Terms transfers any of those rights to you, except for the limited right to use the Service as described.

"Luster," the Luster logo, and related marks are trademarks of Evil Genius Labs LLC. You may not use them without our prior written consent.

19. Third-Party Services

The Service relies on third-party providers (Apple, Google, Facebook, OpenAI, Cloudflare, Supabase, RevenueCat, Superwall, Sentry, Expo, Railway). Their performance and policies affect what we can do, and their privacy practices are summarised in our Privacy Policy. We are not responsible for third-party outages, failures, acts, or omissions, but we will work in good faith to address issues that affect you.

20. Disclaimers / No Warranties

The Service is provided "as is" and "as available" without warranty of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy.

We do not warrant that:

• Outputs will meet MLS requirements, platform policies, or any brokerage standard.
• Outputs will be free from distortions or errors.
• Outputs will accurately depict property conditions.
• The Service will be uninterrupted, secure, or error-free.

AI-generated outputs may contain artifacts or inaccuracies. You are solely responsible for reviewing every enhanced photo before publishing it.

21. Limitation of Liability

To the maximum extent permitted by law:

• Luster and its affiliates, owners, officers, employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or loss of goodwill.
• Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the claim or (b) USD 100.

Some jurisdictions do not allow these limits; in those jurisdictions our liability is limited to the smallest extent permitted by law.

22. No Liability for Real Estate, Hospitality, or Commercial Outcomes

We are not responsible for any claims, disputes, regulatory actions, buyer dissatisfaction, tenant complaints, booking disputes, chargebacks, lawsuits, or reputational damage arising from your use of Outputs in real estate, hospitality, rental, or commercial marketing.

23. Indemnification

You agree to defend, indemnify, and hold harmless Evil Genius Labs LLC and its affiliates, owners, employees, contractors, and licensors from and against any claim, loss, damage, liability, cost, or expense (including reasonable attorney fees) arising out of or related to:

• your use of the Service or Outputs;
• your photos or other User Content;
• your violation of these Terms;
• your violation of any law, MLS rule, advertising rule, real-estate disclosure obligation, or third-party right (including intellectual property or privacy rights).

24. Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, misused the Service, engaged in fraud, harmed the platform, or created a security or legal risk to Luster or other users.

Upon termination, your credit balance and any unused subscription period are forfeited, and you may lose access to account history and stored Outputs, unless prohibited by law. Sections that by their nature should survive (intellectual property, disclaimers, limitation of liability, indemnity, dispute resolution, governing law) survive termination.

25. Apple App Store Terms

If you download the App through Apple's App Store:

• These Terms are an agreement between you and Evil Genius Labs LLC, not Apple.
• Apple has no responsibility for the Service or its content, including maintenance and support services.
• Apple is a third-party beneficiary of these Terms and may enforce them against you.

26. DMCA Policy

If you believe content processed through Luster infringes copyright, you may submit a DMCA notice to legal@lusterapp.ai. We may remove content or terminate repeat infringers in response to valid notices.

27. Dispute Resolution and Arbitration

27.1 Informal resolution

Before filing any claim, you agree to contact us at legal@lusterapp.ai and allow thirty (30) days for informal resolution.

27.2 Binding arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

27.3 Arbitration location

Arbitration shall take place in Riverside County, California, unless the arbitrator determines another location is required by law.

27.4 Class action waiver

You and the Company agree that claims may only be brought in an individual capacity, and not as a class action or representative proceeding. To the extent permitted by law, you and Luster also waive any right to a jury trial.

27.5 Opt-out

You may opt out of arbitration by providing written notice within thirty (30) days of first accepting these Terms by emailing legal@lusterapp.ai with your full name and a clear statement of your intent to opt out.

28. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles.

29. Changes to These Terms

We may update these Terms from time to time. When we make material changes we will update the "Effective" date and, for significant changes, notify you in-app or by email. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the new Terms, stop using the Service and delete your account.

30. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Luster regarding the Service and supersede any prior agreement.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. We may give you notices in-app, by email, or by posting to https://lusterapp.ai. You may give us notices at legal@lusterapp.ai.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

31. Contact

Evil Genius Labs LLC (d/b/a Luster)
General: support@lusterapp.ai
Legal: legal@lusterapp.ai
Privacy: privacy@lusterapp.ai
Website: https://lusterapp.ai