Agreement to Terms
By downloading, accessing, or using the Listing Journals mobile application (the “App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.
These Terms constitute a legally binding agreement between you and Tech552 LLC (“Company,” “we,” “us,” or “our”) concerning your access to and use of the Listing Journals App.
1. Acceptance of Terms
1.1 Binding Agreement
By creating an account or using the App, you confirm that:
- You are at least 18 years of age
- You have the legal capacity to enter into these Terms
- You agree to comply with these Terms and all applicable laws
1.2 Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting within the App or on our website. Your continued use of the App after changes constitutes acceptance of the modified Terms.
1.3 Additional Terms
Your use of the App is also governed by:
- Our Privacy Policy
- Apple’s App Store Terms of Service
- Apple’s Licensed Application End User License Agreement (EULA)
2. Description of Service
2.1 App Purpose
Listing Journals is a mobile application designed to help real estate professionals manage property listings, client information, and property details.
2.2 Service Features
Free Version:
- Up to 3 property listings
- 2 images per listing
- Client and agent management
- Property details tracking
- Cloud storage
Premium Version:
- Unlimited property listings
- 6 images per listing
- Priority support
- Advanced analytics
- Export capabilities
2.3 Service Availability
We strive to provide continuous access to the App, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue the App at any time without liability.
3. Account Registration
3.1 Account Creation
To use the App, you must:
- Provide accurate and complete registration information
- Create a unique username and password
- Provide a valid email address
- Maintain the security of your account credentials
3.2 Account Responsibility
You are responsible for:
- All activities that occur under your account
- Maintaining the confidentiality of your password
- Notifying us immediately of any unauthorized access
3.3 Account Termination
We reserve the right to terminate or suspend your account at our discretion if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Provide false information
- Abuse the service or harm other users
4. User Content
4.1 Your Content
You retain ownership of all content you create, upload, or store in the App (“User Content”), including:
- Property listing information
- Client and agent contact information
- Property photos
- Notes and descriptions
4.2 License to Use
By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to:
- Store and display your User Content
- Process and backup your User Content
- Enable App functionality
- Improve and develop the App
This license terminates when you delete your content or account.
4.3 Content Restrictions
You agree not to upload or submit content that:
- Infringes on intellectual property rights
- Contains false or misleading information
- Violates privacy or publicity rights
- Contains malware or harmful code
- Is illegal, obscene, or offensive
- Harasses or harms others
4.4 Content Responsibility
You are solely responsible for:
- The accuracy of your User Content
- Compliance with applicable laws and regulations
- Obtaining necessary rights and permissions
- The consequences of sharing your content
4.5 Content Removal
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.
5. Subscription and Payment
5.1 Free Trial
- New Premium subscribers receive a 7-day free trial
- Trial automatically converts to paid subscription unless cancelled
- Cancel anytime during trial with no charge
- Only one free trial per user
5.2 Subscription Plans
Monthly Premium:
- Price: $9.99 USD per month
- Billed monthly through Apple App Store
- Auto-renews unless cancelled
Annual Premium:
- Price: $99.99 USD per year
- Billed annually through Apple App Store
- Auto-renews unless cancelled
- Saves 17% compared to monthly
5.3 Payment Processing
- All payments are processed through Apple’s App Store
- Payments are charged to your Apple ID account
- Subscription prices may vary by country
- Prices subject to change with 30 days notice
5.4 Automatic Renewal
- Subscriptions automatically renew unless cancelled
- Renewal charged 24 hours before current period ends
- Manage renewals in App Store subscription settings
- No refunds for unused portion of current subscription
5.5 Cancellation
- Cancel anytime through App Store → Subscriptions
- Cancellation effective at end of current billing period
- Access to Premium features continues until period ends
- No partial refunds for early cancellation
5.6 Refunds
- Refund requests must be submitted to Apple App Store
- We do not control or process refunds
- Refund eligibility determined by Apple’s refund policy
- Contact Apple Support for refund inquiries
5.7 Price Changes
- We may change subscription prices with 30 days notice
- New prices apply to new subscriptions and renewals
- Existing subscribers notified via email and in-app
- Option to cancel before new price takes effect
6. Acceptable Use
6.1 Permitted Use
You may use the App only for lawful purposes and in accordance with these Terms. Specifically, you agree to use the App for:
- Managing your real estate property listings
- Organizing client and property information
- Professional real estate activities
6.2 Prohibited Activities
You agree NOT to:
- Use the App for any illegal purpose
- Violate any local, state, national, or international law
- Infringe on intellectual property rights
- Transmit harmful code or malware
- Attempt to gain unauthorized access to the App or servers
- Interfere with or disrupt the App’s operation
- Impersonate others or provide false information
- Scrape, mine, or harvest data from the App
- Use automated systems or bots
- Reverse engineer or decompile the App
- Resell or redistribute the App or its content
- Share account credentials with others
- Create multiple accounts to circumvent limitations
6.3 Consequences
Violation of acceptable use may result in:
- Immediate termination of your account
- Legal action
- Reporting to law enforcement
- Claims for damages
7. Intellectual Property
7.1 App Ownership
The App and all its contents, features, and functionality are owned by Tech552 LLC and are protected by:
- Copyright laws
- Trademark laws
- Patent laws
- Trade secret laws
- Other intellectual property laws
7.2 Trademarks
“Listing Journals,” our logo, and other marks are trademarks of Tech552 LLC. You may not use these marks without our prior written permission.
7.3 License to Use App
We grant you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install the App on your device
- Use the App for personal or professional real estate purposes
- Access features included in your subscription level
7.4 Restrictions
You may not:
- Copy, modify, or create derivative works of the App
- Distribute, sell, or sublicense the App
- Reverse engineer or decompile the App
- Remove copyright or proprietary notices
- Use the App in any way not expressly permitted
8. Privacy and Data Protection
8.1 Privacy Policy
Your use of the App is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
8.2 Data Collection
We collect and process data as described in our Privacy Policy, including:
- Account information (email, username)
- Property listing data
- Images you upload
- Usage data
8.3 Data Security
We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that:
- Internet transmission is never completely secure
- You use the App at your own risk
- We are not liable for unauthorized access due to circumstances beyond our control
8.4 Data Backup
While we maintain regular backups, you are responsible for maintaining your own backup copies of your User Content.
9. Third-Party Services
9.1 Third-Party Integrations
The App uses third-party services including:
- Firebase (Google) for database and authentication
- Apple App Store for subscriptions
- Cloud storage providers
Your use of these services is subject to their respective terms and policies.
9.2 Third-Party Links
The App may contain links to third-party websites or services. We are not responsible for:
- The content of third-party sites
- The privacy practices of third parties
- Any damages resulting from third-party interactions
9.3 No Endorsement
Links to third parties do not imply endorsement or affiliation.
10. Disclaimers and Limitations
10.1 “As Is” Service
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness of content
- Uninterrupted or error-free operation
10.2 No Professional Advice
The App is a tool for organizing information. It does not provide:
- Legal advice
- Financial advice
- Real estate advice
- Professional services
You should consult with qualified professionals for specific advice.
10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECH552 LLC SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, or business opportunities
- Service interruptions or data loss
- Damages arising from use or inability to use the App
- Any amount exceeding the fees paid by you in the 12 months prior to the claim
10.4 User Responsibility
You acknowledge that:
- You are responsible for the accuracy of your data
- You should verify all information independently
- You use the App at your own risk
- We are not responsible for decisions made based on App data
11. Indemnification
You agree to indemnify, defend, and hold harmless Tech552 LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any rights of others
- Your User Content
- Your negligence or misconduct
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
12.2 Arbitration Agreement
Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration rather than in court, except:
- Small claims court disputes
- Intellectual property disputes
- Injunctive relief requests
12.3 Arbitration Process
- Arbitration conducted by American Arbitration Association (AAA)
- Governed by AAA Consumer Arbitration Rules
- Location: Delaware or your location if required by law
- One arbitrator selected per AAA rules
- Decision is final and binding
12.4 Class Action Waiver
You agree to resolve disputes individually, not as a class action. You waive the right to participate in class actions or class arbitrations.
12.5 Opt-Out
You may opt out of arbitration within 30 days of first accepting these Terms by emailing contact@tech552.com with your name, address, and clear statement of opt-out.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tech552 LLC regarding the App.
13.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.
13.3 Waiver
Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.
13.4 Assignment
You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.
13.5 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control, including:
- Natural disasters
- Acts of government
- Internet or telecommunications failures
- Cyber attacks or security incidents
13.6 Survival
Provisions that by their nature should survive termination will survive, including:
- Intellectual property rights
- Disclaimers and limitations of liability
- Indemnification
- Dispute resolution
13.7 Notices
We may provide notices through:
- Email to your registered address
- Push notifications in the App
- Posting on our website or in the App
13.8 Contact Information
For questions about these Terms, contact:
- Email: contact@tech552.com
- Support: contact@tech552.com
- Website: www.listingjournals.com
14. Termination
14.1 By You
You may terminate your account at any time by:
- Deleting your account in App settings
- Emailing contact@tech552.com
- Cancelling your subscription (if applicable)
14.2 By Us
We may terminate or suspend your account immediately if you:
- Violate these Terms
- Engage in fraudulent activity
- Provide false information
- Abuse the service
14.3 Effect of Termination
Upon termination:
- Your right to use the App ceases immediately
- Your data may be deleted within 30 days
- Subscription fees are not refundable
- These Terms continue to apply to prior use
14.4 Data Export
Before deleting your account, export any data you wish to keep. We are not obligated to provide data after termination.
15. Apple-Specific Terms
15.1 Acknowledgement
You acknowledge that these Terms are between you and Tech552 LLC, not Apple Inc., and Tech552 LLC is solely responsible for the App and its content.
15.2 Scope of License
The license granted is limited to a non-transferable license to use the App on Apple-branded products you own or control and as permitted by Apple’s Usage Rules.
15.3 Maintenance and Support
Tech552 LLC is solely responsible for providing maintenance and support services for the App as specified in these Terms.
15.4 Warranty
To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App.
15.5 Product Claims
Tech552 LLC, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App.
15.6 Intellectual Property Claims
Tech552 LLC, not Apple, is responsible for investigating and defending any claim that the App infringes a third party’s intellectual property rights.
15.7 Third-Party Beneficiary
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you.
Summary
By using Listing Journals, you agree to:
- Use the App lawfully and responsibly
- Respect intellectual property rights
- Provide accurate information
- Maintain account security
We commit to:
- Provide the App service described
- Protect your privacy per our Privacy Policy
- Support your use of the App
Important points:
- Subscriptions auto-renew unless cancelled
- Refunds handled through Apple App Store
- Disputes resolved through arbitration
- Terms may be updated (we’ll notify you)
Questions? Contact contact@tech552.com
By using Listing Journals, you agree to these Terms.
