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Unempty Terms of Use

Effective date: [FILL: effective date]
Version: 1.0-draft
Provider ("Unempty", "we", "us"): Photoreal3d LLC, registered in the Ras Al Khaimah Economic Zone (RAKEZ), United Arab Emirates. [FILL: licence number and registered address].
Contact: [FILL: support@unempty.app], unempty.app/support

Summary

Plain-language overview; the numbered sections control.

1. Agreement

These Terms are a contract between you and Photoreal3d LLC for the Unempty iOS app, the unempty.app website and related services (the "Service"). By installing or using the app you accept them. If you use the app for a business (for example as a real-estate agent), you accept on behalf of that business and confirm you may do so.

Our Privacy Policy (unempty.app/privacy) explains how we handle data; it forms part of these Terms.

2. Eligibility

You must be at least 13 years old, and at least 16 if you live in a country of the European Union or EEA that applies the GDPR default age (GDPR Art. 8(1)); [LAWYER] confirm the per-country table (see Privacy Policy §10) and the age rules for UAE, KSA and Turkey. If you are under the age of majority where you live, a parent or guardian must agree to these Terms for you. [LAWYER] decide whether to state "18+ for purchases" for the UAE/KSA storefronts.

You may not use the Service if you are on a US, EU, UK or UN sanctions list or in a country under comprehensive embargo (see §16.7).

3. Accounts

• Anonymous account. The app creates an account tied to your device on first launch; no email is needed.
• Sign in with Apple. Optional. It links your anonymous account to your Apple ID so purchases and credits can be restored, and grants a one-time credit bonus (§8.2). The bonus is granted once per Apple ID, ever — we keep a one-way hash of your Apple identifier for this purpose even after you delete your account (Privacy Policy §7).
• One account per person/device. Creating accounts repeatedly to obtain free credits, or using automation, is prohibited; we rate-limit anonymous sign-ups and may block or reset accounts that do this.
• Security. Keep your device and Apple ID secure. Anything done from your account is treated as done by you.
• Deletion. Settings → Delete account & data deletes your account and all stored content within 24 hours (§13). Cancel any subscription with Apple first; deleting the account does not cancel it.

4. The Service

4.1 What it does. You provide a photo of a room. We send it, with your chosen mode, style and notes, through our servers to a third-party AI image model (Google Gemini, see Privacy Policy §4) after you tap Allow on the consent sheet. The model returns a new image. Modes: Stage (empty room → furnished), Restyle (furnished → restyled), Declutter (furnished → empty), Refine (text change to an existing result).

4.2 Structure check. We compare each result with your photo and show a "Structure verified" badge when our automated check finds walls, windows, doors, floor plane and perspective preserved. If the check fails twice, no result is delivered and you are not charged. The badge is our automated assessment, not a guarantee that the result is accurate in every detail or that the room, its dimensions, materials or fixtures are faithfully represented. Inspect every result before you rely on it.

4.3 AI output. Results are generated by a machine-learning model. They may contain errors, unrealistic items, or details that differ from the real room. Results are illustrative visualisations, not architectural, structural, valuation, measurement or interior-design advice. Furniture shown is generic; it does not represent any product for sale.

4.4 Safety filters. The AI provider's safety filters and our own prompt rules may refuse a request (for example, a note asking to add a person). Refused requests are not charged.

4.5 Availability and changes. We may change, add or remove features, models, styles, credit allowances (with notice, §8.7) and supported devices. The Service depends on third parties (Apple, Google, Supabase, RevenueCat); we aim for high availability but do not guarantee uninterrupted service. Generation time targets in our marketing are typical values, not commitments.

4.6 Localisation. The app is offered in English, German, French, Spanish, Italian, Portuguese, Arabic and Turkish. Translations of these Terms are for convenience; the [FILL / LAWYER: English] version prevails to the extent local law allows. [LAWYER] Turkey (Law No. 805 on the compulsory use of Turkish by commercial enterprises [unverified]), UAE (Arabic in court proceedings) and Quebec (French, Charter of the French Language) may require a local-language version to be binding.

5. Your content and our licence

5.1 Ownership. You keep all rights in the photos you upload ("Input") and, as between you and us, in the images generated for you ("Results"). To the extent we hold any right in Results, we assign it to you on delivery, or if assignment is not possible, grant you an exclusive, perpetual, worldwide, royalty-free licence. [LAWYER] (a) Copyright in AI-generated images is unsettled (US Copyright Office: no protection for purely machine-generated output; UK CDPA s. 9(3) computer-generated works; EU/UAE positions vary) — the clause should not promise copyright protection we cannot deliver; (b) Google's Gemini API terms on ownership of output — confirm Google claims none [unverified].

5.2 Your promises about Input. You confirm that you have the right to upload each photo and to have it altered — for example, you took it, or the property owner or listing agent authorised you. You will not upload photos containing people, identifiable third parties, documents, screens with personal data, or anything you have no right to use.

5.3 Licence to us. You grant us a limited, non-exclusive, worldwide licence to store, copy, resize, transmit to our processors, and process your Input and Results solely to provide the Service to you, to comply with law, and to investigate reports. The licence ends when the content is deleted (Privacy Policy §7). We do not use your Input or Results to train AI models, in our marketing, or in our quality-test sets.

5.4 Provenance marks. Results carry an invisible provenance watermark applied by the AI provider (SynthID) and, in future, metadata we attach. You agree not to remove or obscure these marks. Free-tier results also carry a small visible "Made with Unempty AI" mark, which you may not remove; results generated on a paid plan carry no such mark.

6. Disclosure of staged images — your responsibility

What we mark. Every Result is generated by an AI model and is marked as one. Google applies an invisible SynthID watermark to every image its Gemini models generate ("All generated images include a SynthID watermark", Google Gemini API image-generation documentation, read 2026-09-05); we never remove it (§5.4), and the app's Export for listing burns a visible "Virtually staged" label into the pixels by default (constitution P5). That is how we address the EU AI Act (Regulation (EU) 2024/1689) Art. 50(2) duty on providers of AI systems generating synthetic images — outputs must be "marked in a machine-readable format and detectable as artificially generated or manipulated" — which applies from 2 August 2026 (Art. 113), with a transitional period to 2 December 2026 for systems placed on the market before that date. [LAWYER] confirm whether Photoreal3d LLC is a "provider" for Art. 50(2) purposes, a deployer, or both, and whether SynthID plus the visible label discharges the duty; the sources and the open points are in docs/compliance/disclosure-matrix.md (EU row and gap G2).

What you must disclose. Art. 50(4) puts a separate duty on the person who publishes the image. Virtually staged, restyled or decluttered photos are digitally altered images. Rules in most of our markets require anyone advertising a property to say so and, in some places, to make the unaltered original available. Examples (see docs/compliance/disclosure-matrix.md for sources and dates):

• United States: NAR Code of Ethics Article 12 ("true picture"); MLS rules such as CRMLS (visible "virtually staged" label and the original adjacent in the listing) and Bright MLS; California Business & Professions Code §10140.8 (AB 723, effective 2026-01-01): a licensee using a digitally altered image must add a conspicuous statement on or adjacent to the image and a link, URL or QR code to the original; New York DOS guidance on honest depiction (19 NYCRR §175.25).
• Canada: CREA Code and provincial regulators; disclosure in remarks; BCFSA has fined agents for altered photos.
• United Kingdom: Digital Markets, Competition and Consumers Act 2024 — an unlabelled staged photo can be a misleading action; ASA/CAP: disclose where the audience would otherwise be misled.
• European Union: AI Act Art. 50(4) — deployers must disclose AI-generated or manipulated images that resemble real places; Unfair Commercial Practices Directive.
• UAE / Saudi Arabia / Turkey: general prohibitions on misleading property advertising (DLD/RERA advertising permits and Madmoun QR, REGA Real Estate Marketing and Advertising Regulations 2026, Turkish Regulation on Commercial Advertising and Unfair Commercial Practices, Consumer Protection Law 6502).

Therefore, when you publish a Result:

1. You are responsible for complying with the disclosure, advertising, consumer-protection, real-estate-licensing and AI-transparency rules that apply to you and your listing. We are not.
2. Keep the label. The app's Export for listing adds a visible "Virtually staged" (or equivalent) label by default and saves the untouched original next to the Result. You may switch the label off only where no rule requires it.
3. Keep the original. Always retain and, where required, publish or link the original photo.
4. Use the disclosure sentence the app copies to your clipboard, or your own equivalent, in the listing text.
5. Never present a Result as a photograph of the property's actual condition.

[LAWYER] whether we should add a stronger warranty/indemnity for licensed agents (§12.4) and whether a click-through acknowledgement on first Export is advisable.

7. Acceptable use

You must not:

• use Results to misrepresent a property: hide damage, defects, mould, water stains, cracks, missing fixtures, or the absence of items shown as present; change walls, windows, views, size, layout, flooring or fixtures to make a property appear different from what it is;
• use the Service to create an image of a property you have no right to market, or to deceive a buyer, tenant, lender, insurer, valuer or authority;
• upload images of people, minors, private documents, or anything unlawful, defamatory, infringing, pornographic or hateful; attempt to generate such content with notes or Refine prompts;
• circumvent credits, free-grant limits, rate limits, safety filters, or the consent sheet; reverse engineer, scrape, or access the Service other than through the app; resell access; use automation;
• remove provenance marks or the free-tier corner mark (§5.4);
• interfere with the Service or other users;
• use the Service in violation of Google's Gemini API Prohibited Use Policy or Apple's terms (§16.9).

We may refuse requests, remove content, reset credits obtained in breach, suspend or terminate accounts, and report unlawful content to authorities.

8. Credits, subscriptions and packs

8.1 Credits. One credit = one delivered result (any mode, including Refine). Where an HD option is offered, it costs 3 credits and is shown before you confirm. A result that fails the structure check, is refused by safety filters, or fails for a technical reason is not charged; a credit reserved for it is returned to your balance. Credits have no cash value, cannot be transferred, exchanged or refunded except as stated here or required by law, and are forfeited when you delete your account.

8.2 Free credits. New accounts receive 1 free credit. Signing in with Apple grants 2 more, once per Apple ID. Free results are generated at 1K resolution and carry the "Made with Unempty AI" corner mark (§5.4).

8.3 Plans (launch prices, US dollars; Apple sets the equivalent price in your local currency and adds any applicable tax).

Paid results are generated at 2K resolution without the corner mark. Prices, allowances and features are as shown in the app at the time of purchase; if the app and this table differ, the app governs. Apple may also show a different local price and tax treatment; Apple's figure at the moment of purchase is the one you pay.

8.4 Subscription credits do not roll over. Your allowance resets at the start of each billing period: weekly for Weekly, monthly for Monthly and Agent on the day of the month you subscribed, and once a year for Yearly (whose allowance is granted for the whole year, not monthly). Unused subscription credits are lost at the reset and at cancellation or expiry. Pack and Listing credits never expire while your account exists, and are used only after subscription credits are exhausted. [OWNER/spec] confirm both rules against the ledger implementation in T-016/T-041: the "subscription first, then pack" consumption order, and that the cap-reset job grants the Yearly allowance annually rather than monthly.

8.5 Billing and renewal. All purchases are made through Apple's App Store with your Apple ID; Apple is the merchant of record [LAWYER] confirm the wording per Apple's Developer Program License Agreement Schedule 2 (Apple acts as agent/commissionaire; in some regions the developer is the seller). Subscriptions renew automatically at the same price and period until cancelled at least 24 hours before the end of the current period. The free trial grants 3 credits for the three days — not the full weekly allowance — and converts to a paid Weekly subscription unless cancelled before the trial ends; the paywall says so in the same sentence that states the price (constitution P3). Changing plans takes effect per Apple's upgrade/downgrade rules (an upgrade applies immediately with a prorated refund of the old plan; a downgrade applies at the next renewal) [unverified — Apple's current proration rules].

8.6 Cancellation. Settings → Manage subscription opens Apple's management sheet; you can also cancel in iOS Settings → Apple ID → Subscriptions. Cancellation stops future renewals; you keep access and remaining credits until the end of the paid period.

8.7 Refunds. Because Apple processes payments, refund requests go to Apple at reportaproblem.apple.com (Apple support article 118223, published 2026-05-15). We cannot issue App Store refunds directly. If Apple refunds a purchase, the credits granted for it are removed from your balance and any results already generated are unaffected. Nothing here limits refund rights you have under local law (EU/UK 14-day withdrawal for digital content — note that by starting generation you request immediate performance and acknowledge you lose the right of withdrawal for that content [LAWYER] confirm wording for the Consumer Rights Directive Art. 16(m) and the UK Consumer Contracts Regulations 2013 reg. 37; Turkey Distance Contracts Regulation Art. 15(ğ) [unverified]; UAE Consumer Protection Law No. 15 of 2020 [unverified]).

8.8 Price and allowance changes. We may change prices or credit allowances for future periods. For subscriptions, Apple notifies you and, where Apple or local law requires it, asks for your consent before a price increase applies. Allowance reductions apply only from your next renewal after at least 30 days' notice in the app; if you do not agree, cancel before the renewal. [LAWYER] the constitution allows server-side cap changes (ADR-0003); confirm notice period and that the paywall's "one plain sentence" plus this clause is enough under EU/UK unfair-terms rules.

8.9 No hidden charges. We do not sell consumables on top of any "unlimited" plan, do not use pre-selected trial toggles, and do not require reviews, social posts or other tasks to receive what you paid for.

9. Reports, moderation and removal

Every result has a Report action. We review reports within [FILL: 2 business days — see runbook T-057]. We may remove any content that violates §6–7, these Terms or the law, restrict features, or close the account. If we remove content or close your account for a breach, no refund is owed except as local law requires. You can ask us to review a decision at [FILL: support email]. (Apple guideline 1.2 requires a removal process; see apple-review-checklist.md §1.)

10. Our intellectual property

The app, website, brand, design, prompts, style presets, model configurations and all software are owned by Photoreal3d LLC or its licensors. We grant you a personal, non-transferable, revocable licence to use the app on Apple devices you own or control, under these Terms and Apple's App Store rules (§16.2). "Unempty" and the Unempty logo are trademarks of Photoreal3d LLC [FILL: registration status]. Feedback you send us may be used without obligation to you.

Open-source components are listed in Settings → Licenses with their licences.

11. Third-party services

The Service uses Google's Gemini API (image generation), Supabase (hosting), RevenueCat (purchase management), PostHog (analytics), Apple (payments, sign-in) and, where enabled, Sentry (crash reporting). Their processing of your data is described in the Privacy Policy. Apple's Media Services Terms and Google's Gemini API Prohibited Use Policy apply to the parts of the Service they provide. We are not responsible for third-party services outside our control, but we remain responsible to you for the Service as a whole.

12. Warranties, liability and indemnity

12.1 As is. To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy of Results, and non-infringement. We do not warrant that Results are accurate, complete, realistic, free of errors, suitable for any listing platform, or compliant with any disclosure rule.

12.2 Consumer rights. If you are a consumer in the EU, UK, Turkey, UAE, KSA or another country whose law grants non-waivable rights (for example, that digital content must conform to the contract — EU Directive 2019/770; UK Consumer Rights Act 2015), nothing in these Terms limits those rights. [LAWYER] add the jurisdiction-specific statements required (e.g. UK CRA s. 31; Turkish Consumer Law 6502).

12.3 Limitation of liability. To the extent permitted by law: (a) we are not liable for indirect, consequential, special or punitive damages, lost profits, lost sales, lost listings, regulatory fines, or reputational harm arising from your use of Results, including any failure to disclose that an image is altered; (b) our total liability for all claims in any 12-month period is limited to the greater of the amount you paid us in that period or [FILL / LAWYER: USD 100]. This does not limit liability for death or personal injury caused by negligence, fraud, gross negligence or wilful misconduct, or anything else that cannot be limited by law.

12.4 Your indemnity (business users). If you use the Service for a business, you will defend and indemnify Photoreal3d LLC against third-party claims, fines and costs arising from (a) your breach of §5.2, §6 or §7, (b) your publication of Results, or (c) your violation of real-estate, advertising, consumer-protection or AI-transparency law. [LAWYER] indemnities from consumers are often unenforceable in the EU/UK; keep this limited to business users.

13. Suspension and termination

You may stop using the Service at any time and delete your account in Settings; deletion purges your data within 24 hours (Privacy Policy §7) and forfeits remaining credits. We may suspend or terminate your access for breach of these Terms, for legal reasons, or if we discontinue the Service (with at least 30 days' notice and a refund of unused pack credits and the unused part of a prepaid subscription period [LAWYER] — via Apple, mechanism to confirm). Sections 5, 6, 7, 10, 12, 15 and 16 survive termination.

14. Changes to these Terms

We may update these Terms. Material changes are announced in the app at least [FILL: 30] days before they take effect, and where required by law we ask for your agreement. Continuing to use the Service after that date means you accept the new Terms; if you do not, stop using the Service and delete your account. The current and previous versions are at unempty.app/terms.

15. Governing law and disputes

[LAWYER — placeholder; decide before publishing.] Options and what each implies:

Whatever is chosen, the Terms must say: consumers in the EU/EEA, UK, Turkey and elsewhere keep the protection of the mandatory rules and the courts of their country of residence (Rome I Art. 6, Brussels I Recast Arts. 17–19, UK equivalents, Turkish Consumer Law 6502 consumer courts/arbitration committees). No class-action waiver or mandatory arbitration for consumers in those regions. For US consumers, the lawyer may consider an arbitration clause with opt-out; it must not be used to bar small-claims court.

Placeholder text: "These Terms are governed by the laws of [FILL]. Disputes are brought before the courts of [FILL], except that if you are a consumer you may also rely on the mandatory consumer-protection rules and the courts of the country where you live. The EU online dispute resolution platform was discontinued on 2025-07-20 [unverified]; we do not participate in alternative dispute resolution unless the law requires it [LAWYER] (Turkey: Consumer Arbitration Committees are mandatory below the threshold)."

16. Apple-required terms (custom EULA)

Apple's "Instructions for Minimum Terms of Developer's End-User License Agreement" (apple.com/legal/internet-services/itunes/appstore/dev/minterms/, read 2026-09-05, undated) require the following. They apply to the app obtained from the Apple App Store.

1. Acknowledgement. These Terms are concluded between you and Photoreal3d LLC only, not with Apple. Photoreal3d LLC, not Apple, is solely responsible for the app and its content. Where these Terms are less restrictive than or conflict with the Apple Media Services Terms and Conditions, the latter prevail for App Store matters.
2. Scope of licence. The licence is non-transferable and limited to use on Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms, including access by other accounts through Family Sharing or volume purchasing where applicable.
3. Maintenance and support. Photoreal3d LLC is solely responsible for maintenance and support; Apple has no obligation to furnish any.
4. Warranty. Photoreal3d LLC is solely responsible for any product warranties, express or implied, to the extent not disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you; to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Photoreal3d LLC's sole responsibility.
5. Product claims. Photoreal3d LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product-liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer-protection, privacy or similar law.
6. Intellectual property. In the event of a third-party claim that the app or your use of it infringes that party's intellectual-property rights, Photoreal3d LLC, not Apple, is solely responsible for the investigation, defence, settlement and discharge of the claim.
7. Legal compliance. You represent and warrant that (a) you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and (b) you are not listed on any US Government list of prohibited or restricted parties.
8. Developer name and address. Photoreal3d LLC, [FILL: address], RAKEZ, Ras Al Khaimah, UAE; [FILL: support email]. Direct questions, complaints and claims about the app to us there.
9. Third-party terms. You must comply with applicable third-party terms when using the app (for example, your wireless data agreement; Google's Gemini API Prohibited Use Policy as it applies to generated content).
10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms; upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Miscellaneous

Entire agreement (with the Privacy Policy and the in-app purchase descriptions); severability; no waiver; assignment by us to a successor with notice, not by you; no agency or partnership; force majeure (including AI-provider or App Store outages beyond our control). Notices to you: in the app or to the email you gave through Sign in with Apple; notices to us: [FILL: legal email].

18. Contact

Photoreal3d LLC, [FILL: address], RAKEZ, Ras Al Khaimah, United Arab Emirates. Email: [FILL: support email]. Web: unempty.app/support.