Terms & Conditions

Welcome to Kapture. These Terms of Use (“Terms”) govern your access to and use of the websites, applications, platforms, portals, products, and services operated under the Kapture brand, including any website located at kapture.click, affiliated websites, and any related tools, features, content, or services we provide (collectively, the “Services”).

For purposes of these Terms, “Kapture,” “we,” “our,” and “us” refer to the company operating the Services. Kapture is a trade name used in connection with services provided by Dactylon Partners, LLC.

By accessing or using the Services, creating an account, uploading content, submitting an order, downloading deliverables, or otherwise using any part of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

1. Use of the Services

The Services are intended to support real estate marketing, listing preparation, image enhancement, virtual staging, content generation, quality control, compliance review, and related workflow activities.

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates applicable law, infringes the rights of others, misrepresents a property, or interferes with the operation or security of the Services.

You are responsible for ensuring that your use of the Services, including any content you upload, generate, publish, download, or distribute, complies with all applicable laws, regulations, MLS rules, platform requirements, advertising standards, fair housing laws, and client or brokerage requirements.

2. Accounts and Authorized Users

Certain Services may require an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to provide accurate and current information when creating an account or submitting an order. You may not share account credentials with unauthorized users or use another person’s account without permission.

We may suspend or terminate access to the Services if we believe an account has been misused, compromised, or used in violation of these Terms.

3. Customer Content

“Customer Content” means any photos, images, videos, property information, listing data, descriptions, text, files, documents, logos, brand materials, instructions, requirements, or other materials that you upload, submit, provide, or make available through the Services.

You retain any ownership rights you have in your original Customer Content. However, by uploading, submitting, or otherwise providing Customer Content to us, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, enhance, process, display, distribute, create derivative works from, and otherwise use the Customer Content as necessary or useful to provide, improve, support, operate, and market the Services.

This includes the right to use Customer Content to create edited images, enhanced images, virtually staged images, virtual renovation renderings, listing descriptions, compliance outputs, quality control outputs, reports, analytics, and other deliverables.

4. Image Rights and Customer Responsibilities

You represent and warrant that you own, control, or have obtained all rights, licenses, permissions, and consents necessary to upload, submit, use, modify, and authorize us to process any images, photos, videos, or other visual content you provide.

You are solely responsible for ensuring that any photos or images you upload do not infringe any copyright, trademark, privacy right, publicity right, contractual right, MLS rule, brokerage rule, platform requirement, or other third-party right.

You agree not to upload or submit any images or content that you do not have permission to use or that you are not authorized to modify, enhance, stage, distribute, or use for real estate marketing purposes.

We are not responsible for verifying your ownership of, or rights to, any Customer Content you submit.

5. Kapture Deliverables and Generated Content

The Services may generate, create, edit, enhance, stage, transform, review, analyze, or otherwise produce outputs based on Customer Content or property data, including edited photos, enhanced photos, virtual staging, virtual renovation images, twilight conversions, marketing descriptions, compliance review outputs, quality control outputs, reports, recommendations, and other deliverables (“Deliverables”).

Unless otherwise expressly agreed in writing, all Deliverables created, generated, enhanced, modified, staged, or produced by or through the Services are owned by Kapture, subject to any underlying rights you retain in your original Customer Content.

Upon full payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable license to use the Deliverables solely for marketing, advertising, selling, leasing, renting, managing, or otherwise promoting the specific property depicted or described in the Deliverables.

You may not use Deliverables for any unrelated property, project, listing, marketing campaign, training dataset, resale product, competing service, or other purpose without our prior written consent.

6. Virtual Staging, Image Enhancement, and Property Representation

Virtual staging, virtual renovation, image enhancement, decluttering, twilight conversion, and similar visual services are intended to improve the presentation of a property for marketing purposes.

You are responsible for ensuring that all Deliverables are used accurately, appropriately, and in compliance with applicable laws, MLS rules, advertising standards, platform requirements, and disclosure obligations.

You acknowledge that virtually staged, renovated, enhanced, or modified images may require disclosure depending on applicable law, MLS rules, brokerage policies, platform requirements, or client requirements. You are responsible for determining and applying any required disclosures unless we have expressly agreed in writing to do so.

You may not use the Services or any Deliverables to misrepresent the condition, features, layout, location, size, view, surroundings, or other characteristics of a property.

7. AI-Generated and AI-Assisted Outputs

The Services may include AI-generated or AI-assisted tools, including tools for image review, image enhancement, virtual staging, virtual renovation, description generation, feature extraction, compliance review, quality scoring, recommendations, and workflow automation.

AI-generated or AI-assisted outputs may contain errors, omissions, inaccuracies, biased language, non-compliant language, visual artifacts, or other issues. You are responsible for reviewing all outputs before publication, distribution, submission to an MLS, or use in any marketing materials.

We do not guarantee that AI-generated or AI-assisted outputs will be accurate, complete, compliant, error-free, or suitable for any particular purpose. You remain responsible for final approval and use of any listings, images, descriptions, data, or marketing materials.

8. Compliance Review and Quality Control

The Services may include tools, workflows, human review, automated checks, or AI-assisted systems intended to assist with quality control, MLS readiness, fair housing review, formatting review, image authenticity review, disclosure review, or other compliance-related functions.

Any compliance-related output is provided for informational and workflow-support purposes only. We do not provide legal advice, and the Services are not a substitute for review by legal counsel, broker compliance personnel, MLS administrators, or other qualified professionals.

You are solely responsible for ensuring that listings, descriptions, images, advertisements, disclosures, and related materials comply with applicable laws, regulations, fair housing requirements, MLS rules, brokerage policies, platform standards, client requirements, and advertising laws.

9. Marketing Use of Content and Deliverables

Unless you notify us otherwise in writing, you grant us the right to use Customer Content, Deliverables, before-and-after images, staged images, enhanced images, screenshots, project examples, listing examples, and related materials for our own marketing, promotional, portfolio, case study, sales, website, social media, investor, and business development purposes.

We may use these materials to show examples of our work, demonstrate product capabilities, or promote the Services. We will use commercially reasonable efforts not to disclose sensitive non-public information that you clearly identify as confidential.

If you do not want us to use specific materials for marketing or promotional purposes, you must notify us in writing at info@kapture.click. After receiving such notice, we will use commercially reasonable efforts to discontinue prospective use of those materials.

10. Payments, Orders, and Transactions

Certain Services may allow users to submit orders, make payments, purchase services, or download Deliverables. Any payment terms, pricing, refund policies, taxes, and order-specific terms may be presented at the time of purchase, in an order form, invoice, statement of work, or other written agreement.

We may change pricing, available services, features, or ordering processes at any time.

11. Prohibited Uses

You agree not to:

  • use the Services for unlawful, fraudulent, deceptive, misleading, or discriminatory purposes;
  • upload content that infringes or violates the rights of others;
  • use Deliverables to misrepresent any property or listing;
  • submit false, inaccurate, incomplete, or misleading property information;
  • attempt to reverse engineer, copy, scrape, resell, or replicate the Services;
  • interfere with the security, performance, or availability of the Services;
  • upload malicious code, viruses, or harmful files;
  • use the Services to develop or train a competing product or service;
  • remove, obscure, or alter any proprietary notices;
  • use automated means to access the Services without authorization; or
  • use the Services in violation of MLS rules, fair housing laws, advertising standards, or platform policies.

12. Intellectual Property

The Services, including all software, workflows, systems, tools, interfaces, algorithms, models, designs, processes, templates, documentation, graphics, branding, logos, trademarks, service marks, and other materials, are owned by Kapture or its licensors and are protected by intellectual property laws.

Except for the limited rights expressly granted in these Terms, no rights are granted to you in or to the Services, our technology, our platform, our trademarks, or our intellectual property.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or create derivative works from the Services or any portion of them except as expressly permitted by us in writing.

13. Feedback

If you provide suggestions, ideas, comments, improvements, feature requests, or other feedback about the Services, you grant us the right to use that feedback without restriction or compensation to you.

We may use feedback to improve, modify, develop, market, or operate the Services.

14. Third-Party Platforms and Services

The Services may interact with, reference, integrate with, or provide outputs intended for use on third-party platforms, including MLS systems, listing portals, broker systems, payment processors, asset management systems, CRM systems, and other third-party services.

We do not control third-party platforms and are not responsible for their availability, functionality, rules, data handling, content display, syndication behavior, policies, or errors.

You are responsible for complying with all applicable third-party platform requirements.

15. No Guarantee of Results

We may describe potential benefits of the Services, including improved listing quality, faster time-to-market, enhanced presentation, compliance support, reduced rework, or improved workflow visibility.

However, we do not guarantee any specific business outcome, sale price, rental price, time on market, buyer engagement, conversion rate, search ranking, platform visibility, syndication result, MLS approval, regulatory result, or financial performance.

Your results may vary based on property condition, market conditions, pricing, location, agent performance, platform behavior, MLS rules, buyer demand, and other factors outside our control.

16. Disclaimer of Warranties

The Services and Deliverables are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and error-free operation.

We do not warrant that the Services will be uninterrupted, secure, error-free, compliant with all applicable requirements, or free of harmful components.

17. Limitation of Liability

To the fullest extent permitted by law, Kapture and its owners, officers, directors, employees, contractors, vendors, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages, including damages for lost revenue, lost business, lost data, reputational harm, listing delays, failed syndication, MLS rejection, compliance issues, or property marketing outcomes.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services, Deliverables, or these Terms will not exceed the amount you paid to us for the specific Services giving rise to the claim during the three months before the event giving rise to liability, or one hundred dollars ($100), whichever is greater.

18. Indemnification

You agree to defend, indemnify, and hold harmless Kapture and its owners, officers, directors, employees, contractors, vendors, agents, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to:

  • your use of the Services;
  • your Customer Content;
  • your listings, marketing materials, or property representations;
  • your violation of these Terms;
  • your violation of any law, regulation, MLS rule, platform requirement, brokerage policy, or third-party right;
  • your use or misuse of any Deliverables;
  • any claim that Customer Content infringes or violates the rights of a third party; or
  • any claim relating to false, misleading, deceptive, discriminatory, or non-compliant advertising or property marketing.

19. Suspension and Termination

We may suspend or terminate your access to the Services at any time if we believe you have violated these Terms, created risk for us or others, failed to pay amounts due, misused the Services, infringed third-party rights, or used the Services in a way that may expose us to liability.

Upon termination, your right to access and use the Services will cease. Sections that by their nature should survive termination will survive, including provisions relating to intellectual property, image rights, Deliverables, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.

20. Privacy

Your use of the Services is also subject to our Privacy Policy, available at https://www.kapture.click/privacy. The Privacy Policy explains how we collect, use, and disclose information.

21. Changes to the Services and Terms

We may modify, suspend, discontinue, or replace any part of the Services at any time.

We may also update these Terms from time to time. When we do, we will update the “Last Updated” date above. Your continued use of the Services after updated Terms are posted means you accept the updated Terms.

22. Governing Law and Venue

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

Any dispute arising out of or relating to these Terms, the Services, or Deliverables will be brought exclusively in the state or federal courts located in California, unless applicable law requires otherwise. You consent to the personal jurisdiction and venue of those courts.

23. International Users

The Services may be accessed from locations outside the United States. If you access or use the Services from outside the United States, you are responsible for complying with all local laws, regulations, and requirements applicable to your use of the Services.

You understand that the Services are operated from the United States and that your information may be processed in the United States or other jurisdictions.

24. Miscellaneous

These Terms constitute the entire agreement between you and us regarding your use of the Services, except to the extent another written agreement expressly states that it supersedes these Terms.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or by operation of law.

25. Contact Us

If you have questions about these Terms, please contact us at:

Kapture
Email: info@kapture.click
Website: kapture.click

‍