Terms of Service
Welcome to eMARCOTT. These Terms of Service ("Terms") govern your access to and use of the eMARCOTT platform, including our website at emarcott.com, applications, and related services (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Description of Service
eMARCOTT is a multi-tenant software-as-a-service (SaaS) platform designed for real estate photography businesses. The Service provides tools for:
- Managing property galleries and media (photos, videos, 3D tours, floor plans)
- Client relationship management
- Order and job management
- Scheduling and calendar management
- Invoicing and payment processing
- Public property websites (branded and unbranded)
- Cloud storage integration (Google Drive, Dropbox)
- AI-powered photo editing (optional premium feature)
- Copyright protection monitoring (CopyPro feature)
- Platform migration from other services
2. Account Registration
2.1 Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. By registering, you represent that you meet these requirements.
2.2 Account Information
You agree to provide accurate, current, and complete information during registration and to update this information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials.
2.3 Account Security
You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
2.4 One Account Per User
Each individual may only maintain one account. Business accounts may have multiple team members with individual logins as permitted by your subscription plan.
3. Subscription Plans and Billing
3.1 Starter Plan
New accounts begin on the Starter plan, which includes core platform features at no cost. No credit card is required to get started.
3.2 Subscription Plans
Additional storage, team features, and advanced capabilities are available through paid subscription plans. Pricing and included features are described on our pricing page and may be updated from time to time.
3.3 Billing
- Subscriptions are billed in advance on a monthly or annual basis
- Payment is due at the beginning of each billing cycle
- All fees are non-refundable except as required by law or as specified in these Terms
- We may change pricing with 30 days' notice to existing subscribers
3.4 Payment Methods
We accept major credit cards and other payment methods as indicated during checkout. Payment processing is handled by third-party providers (Stripe, PayPal, Square) subject to their terms of service.
3.5 Failed Payments
If payment fails, we will attempt to collect payment and may suspend your account until payment is received. Continued non-payment may result in account termination.
3.6 Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation:
- Your subscription remains active until the end of the current billing period
- No refunds are provided for partial billing periods
- Your data is retained for 90 days to allow reactivation
- After 90 days, data may be permanently deleted
4. Acceptable Use
4.1 Permitted Use
You may use the Service only for lawful purposes related to real estate photography business operations and in accordance with these Terms.
4.2 Prohibited Conduct
You agree NOT to:
- Use the Service for any illegal purpose or in violation of any laws
- Upload content that infringes intellectual property rights of others
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to other accounts or systems
- Interfere with or disrupt the Service or servers
- Scrape, harvest, or collect data from the Service without permission
- Use the Service to send spam or unsolicited communications
- Impersonate another person or entity
- Resell, sublicense, or redistribute the Service without authorization
- Use automated tools to access the Service except through our official API
- Upload content that is obscene, defamatory, or promotes violence
- Circumvent any access controls or usage limits
4.3 Content Standards
Content you upload must be related to legitimate real estate photography business purposes. We reserve the right to remove content that violates these Terms or that we deem inappropriate in our sole discretion.
5. Your Content
5.1 Ownership
You retain ownership of all content you upload to the Service, including photos, videos, documents, and other materials ("Your Content"). We do not claim ownership of Your Content.
5.2 License to eMARCOTT
By uploading Your Content, you grant eMARCOTT a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute Your Content solely for the purpose of providing the Service to you. This license terminates when you delete Your Content or your account.
5.3 Public Gallery Pages
When you publish content to public gallery pages (branded or unbranded), you grant permission for that content to be publicly viewable and shareable. You control what content appears on public pages.
5.4 Responsibility for Content
You are solely responsible for Your Content and the consequences of uploading or publishing it. You represent that you have all necessary rights and permissions to upload and share Your Content.
5.5 Content Backup
While we maintain backups for disaster recovery, you are responsible for maintaining your own backups of important content. We are not liable for any loss of Your Content.
6. Intellectual Property
6.1 eMARCOTT Property
The Service, including its design, features, code, documentation, and branding, is owned by Marcott Studios LLC and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from our intellectual property.
6.2 Trademarks
"eMARCOTT," our logo, and related marks are trademarks of Marcott Studios LLC. You may not use our trademarks without prior written permission.
6.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free license to use and incorporate such feedback without obligation to you.
7. Third-Party Services
7.1 Integrations
The Service integrates with third-party services including Google, Dropbox, Stripe, PayPal, Square, and others. Your use of these integrations is subject to the respective third-party terms of service.
7.2 AI Editing Services
Optional AI photo editing features are provided through third-party services (Autoenhance.ai, Clipdrop, etc.). AI editing incurs additional fees and is subject to the respective provider's terms. Results may vary and are not guaranteed.
7.3 Payment Processors
Payment processing is handled by Stripe, PayPal, and/or Square. Your use of these services is subject to their respective terms and privacy policies.
7.4 No Endorsement
Integration with third-party services does not constitute endorsement. We are not responsible for the availability, accuracy, or practices of third-party services.
8. CopyPro - Copyright Protection
8.1 Service Description
CopyPro is an optional feature that helps detect unauthorized use of your images across the web using image fingerprinting and Google Cloud Vision.
8.2 No Legal Advice
CopyPro provides tools to assist with copyright protection but does not constitute legal advice. Automated DMCA takedown notices are templates only. You are responsible for ensuring any legal action is appropriate and lawful.
8.3 Accuracy
Match detection is based on image similarity algorithms and may produce false positives or miss some unauthorized uses. Results are provided "as is" without guarantee of accuracy or completeness.
9. Platform Migration
9.1 Migration Services
We offer tools to migrate data from other photography platforms. Migration fees apply as specified during the import process.
9.2 Data Accuracy
While we strive for accurate data migration, we cannot guarantee perfect transfer of all data. You are responsible for verifying migrated content and maintaining backups of your original data.
9.3 Third-Party Terms
Migration from other platforms may be subject to those platforms' terms of service. You represent that you have the right to export and migrate your data.
10. Service Availability
10.1 Uptime
We strive to maintain high availability but do not guarantee uninterrupted service. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
10.2 Modifications
We may modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice for material changes that affect your use.
10.3 Support
Technical support is provided according to your subscription plan. We aim to respond to support requests within reasonable timeframes but do not guarantee specific response times.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY OF CONTENT
- UNINTERRUPTED OR ERROR-FREE OPERATION
WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMARCOTT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL
- COST OF SUBSTITUTE SERVICES
- ANY DAMAGES EXCEEDING THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless eMARCOTT and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your Content
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of any applicable laws
14. Termination
14.1 Termination by You
You may terminate your account at any time by canceling your subscription and requesting account deletion through your account settings or by contacting support.
14.2 Termination by Us
We may suspend or terminate your account immediately if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Fail to pay fees when due
- Create risk or legal exposure for us
14.3 Effect of Termination
Upon termination:
- Your right to access the Service immediately ceases
- We may delete your account and content after the retention period
- Provisions that by their nature should survive will remain in effect
- Outstanding fees remain due and payable
15. Dispute Resolution
15.1 Informal Resolution
Before filing a formal dispute, you agree to contact us at support@emarcott.com to attempt informal resolution. Most concerns can be resolved quickly this way.
15.2 Governing Law
These Terms are governed by the laws of the State of Connecticut, United States, without regard to conflict of law principles.
15.3 Jurisdiction
Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Connecticut, and you consent to personal jurisdiction in these courts.
15.4 Time Limit
Any claim arising from these Terms or the Service must be filed within one (1) year after the claim arose, or the claim is permanently barred.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and eMARCOTT regarding the Service.
16.2 Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
16.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
16.4 Assignment
You may not assign or transfer these Terms without our consent. We may assign our rights and obligations without restriction.
16.5 Notices
We may send notices to your registered email address or through the Service. You may send notices to support@emarcott.com.
16.6 Force Majeure
We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.
17. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms with a new "Last updated" date
- Sending an email notification for significant changes
- Displaying a notice in the platform
Continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to changes, you must stop using the Service.
18. Contact Information
For questions about these Terms, contact us:
- Email: legal@emarcott.com
- Support: support@emarcott.com
- Website: https://emarcott.com