Terms of Service
Welcome to eMARCOTT. eMARCOTT is a registered trade name ("DBA") of Marcott Enterprises LLC, a Connecticut limited liability company. References to "eMARCOTT," "we," "us," or "our" in these Terms refer to Marcott Enterprises LLC operating under the eMARCOTT trade name. 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 Stripe, 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 Platform Transaction Fees
eMARCOTT charges a platform transaction fee of 0.25% on payment transactions processed through Stripe Connect on the platform ("Platform Fee"). The Platform Fee is calculated on the gross transaction amount charged to the client (inclusive of taxes and any other charges on the invoice). This fee is in addition to any fees charged by the payment processor (Stripe) and is applied as follows:
- The Platform Fee is automatically deducted from each transaction at the time of payment processing. The fee is calculated as a percentage of the total transaction amount and is withheld before funds are disbursed to your connected Stripe account.
- By connecting a Stripe account to the eMARCOTT platform, you acknowledge and agree to the Platform Fee as a condition of using payment processing features.
- eMARCOTT reserves the right to modify the Platform Fee at any time. We will provide at least 30 days' written notice (via email or in-platform notification) before any fee change takes effect. Your continued use of payment processing features after the effective date of a fee change constitutes acceptance of the updated fee.
- A breakdown of Platform Fees collected is available in your billing dashboard.
3.7 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 Enterprises 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 Enterprises 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, 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. Your use of Stripe is subject to their terms of service and privacy policy.
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. SMS Messaging Policy
This section governs your participation in eMARCOTT's SMS messaging program (the "Messaging Program") and discloses the terms required by the U.S. Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, and the Application-to-Person 10-Digit Long Code (A2P 10DLC) framework.
18.1 Program Name and Operator
The Messaging Program is named eMARCOTT Notifications and is operated by Marcott Enterprises LLC, doing business as eMARCOTT, with offices in the State of Connecticut, United States. SMS delivery is provided through our messaging provider Twilio.
18.2 Message Categories
The Messaging Program sends transactional SMS to eMARCOTT account holders regarding their own eMARCOTT account, including:
- Trial-ending reminders
- Payment-failure alerts
- Plan-change confirmations
- Security alerts (new device sign-in, password change)
We do not send marketing, promotional, or solicitation SMS through this Messaging Program. Phone-ownership verification codes (one-time numeric codes used during phone-number verification) are delivered separately through the Twilio Verify service and are not part of this Messaging Program.
18.3 Opt-In and Consent
You may opt in to the Messaging Program through either of two paths. Both require affirmative, unchecked-by-default consent, and SMS consent is optional: it is never required to create or use an eMARCOTT account.
Path 1: At signup. On the account-creation form at https://www.emarcott.com/signup, you may enter your mobile phone number and check a consent box that is unchecked by default, reading "Text me account notifications. By checking this box you consent to receive transactional account SMS from eMARCOTT (trial, payment, plan, and security alerts). Message frequency varies, typically 0 to 4 messages per month. Msg & data rates may apply. Reply STOP to unsubscribe, HELP for help." We verify ownership of the number via Twilio Verify before any message is sent. Leaving the box unchecked creates your account with no SMS enrollment.
Path 2: In your account settings. You opt in to the Messaging Program by (a) entering your mobile phone number in your Settings → Notifications dashboard at https://www.emarcott.com/admin/settings/notifications, (b) completing a Twilio Verify ownership-verification flow that requires you to enter a 6-digit code we deliver to that number (delivered on a separate channel from this Messaging Program), and (c) subsequently checking an explicit consent affirmation reading "By clicking Enable SMS notifications, you consent to receive transactional account SMS from eMARCOTT at the verified number above. Reply STOP to unsubscribe at any time. Msg & data rates may apply." The consent timestamp, consent source, and your phone number are stored in our database as evidence of opt-in.
18.4 Message Frequency
Message frequency varies based on your account activity. A typical user can expect from 0 to 4 messages per month. We do not impose a daily cap, but messages are sent only in response to discrete account events (trial expiry approaching, payment failure, plan change, security alert), never on a marketing or drip cadence.
18.5 Message and Data Rates
Message and data rates may apply. Standard SMS and data charges from your wireless carrier may apply when you receive or send messages through the Messaging Program. eMARCOTT does not charge a fee for receiving SMS notifications.
18.6 Opt-Out (How to Stop Receiving Messages)
You may opt out of the Messaging Program at any time, free of charge. To opt out, reply with any of the following keywords to any message you receive from us:
STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, REVOKE, or OPTOUT.
After you reply with any of these keywords, you will receive a confirmation message acknowledging your opt-out, and you will no longer receive SMS from the Messaging Program at that phone number. To resubscribe after opting out, reply with START, UNSTOP, or RESUME.
18.7 Help
For help, reply with HELP or INFO to any message you receive from us, or contact support@emarcott.com. Our HELP auto-reply returns: "eMARCOTT: Reply STOP to unsubscribe. Msg & data rates may apply. Support: support@emarcott.com"
18.8 Carriers
Carriers including AT&T, T-Mobile, Verizon, Sprint, U.S. Cellular, Boost, MetroPCS, Cricket, and others are not liable for delayed or undelivered messages. Message delivery is subject to carrier availability.
18.9 Eligibility
The Messaging Program is available only to subscribers of U.S. wireless carriers and only for U.S. phone numbers. You must be at least 18 years old and the subscriber or authorized user of the mobile device associated with the phone number you provide.
18.10 Privacy and Data Use
Phone numbers and consent records collected through the Messaging Program are used solely to deliver the messages described above. No mobile information, including phone numbers, SMS opt-in records, and consent timestamps, will be shared with third parties or affiliates for marketing or promotional purposes. Phone numbers shared with our messaging provider (Twilio) are governed by Twilio's own privacy and data-use practices. Full details are in our Privacy Policy at https://www.emarcott.com/privacy.
18.11 Changes to the Messaging Policy
We may modify this Section 18 from time to time. Material changes affecting your use of the Messaging Program will be communicated by SMS, email, or in-platform notification, and will take effect no sooner than fourteen (14) days after notice.
19. Contact Information
For questions about these Terms, contact us:
- Email: legal@emarcott.com
- Support: support@emarcott.com
- Website: https://emarcott.com