Acceptable Use Policy

1. Introduction & Scope

1.1 Purpose. Lumistate provides AI-powered real estate workflow tools to a regulated professional industry. This AUP exists to:

• Protect our users from misuse by other users
• Protect property buyers and sellers from misrepresentation
• Maintain Lumistate's compliance posture across multiple jurisdictions
• Preserve the integrity of the broader real estate ecosystem we serve

1.2 Your Responsibility. You are responsible for:

• Your own use of the Service
• The use of the Service by anyone you authorize (employees, contractors, team members)
• All Output you generate, publish, or distribute through the Service
• Ensuring your use complies with applicable law in your jurisdiction

1.3 Industry Context. Real estate is a regulated industry. Many uses of the Service that would be permissible in other contexts are not permissible here because of:

• MLS rules and listing standards
• Real estate disclosure laws (e.g., California AB 723, NY transparency provisions, EU AI Act)
• Real estate licensing obligations and codes of ethics (e.g., NAR Code of Ethics Article 12)
• Consumer protection laws applicable to property transactions

You are expected to be familiar with these obligations in your jurisdiction. Lumistate provides tooling to assist compliance but does not relieve you of your professional duties.

2. Definitions

For the purposes of this AUP:

• "Content" means any photo, image, description, listing data, or other material uploaded to the Service.
• "Output" means any photo, image, description, video, or other material generated by the Service from your Content.
• "Publish" means making Output available to any third party, including to a buyer, seller, MLS, listing platform, social media, or any public or semi-public channel.
• "Property" means any real estate that is the subject of Content or Output.
• "Misrepresentation" means any depiction or description that could mislead a reasonable buyer about the actual physical or legal characteristics of a Property.

3. Universally Prohibited Uses

You may not use the Service to:

3.1 Illegal Activity

• Engage in any activity that violates applicable law in your jurisdiction or the jurisdictions where you operate
• Facilitate fraud, money laundering, sanctions evasion, or financing of illegal activity
• Engage in tax evasion or violate anti-bribery and anti-corruption laws
• Violate export control or trade sanctions laws

3.2 Harm to Persons

• Generate or distribute Content depicting violence, abuse, or exploitation
• Stalk, harass, threaten, or intimidate any individual
• Generate or distribute Content depicting any individual in a sexually explicit, suggestive, or compromising manner
• Generate or distribute Content depicting children in any inappropriate context
• Engage in any activity that endangers public safety

3.3 Infringement of Rights

• Upload Content that infringes intellectual property rights (copyrights, trademarks, design rights, patents)
• Upload Content that violates publicity rights, name and likeness rights, or moral rights
• Upload Content that violates privacy rights, including images of identifiable individuals without consent
• Upload Content protected by attorney-client privilege, medical confidentiality, or other privileged information

3.4 Defamation & Reputational Harm

• Generate or distribute Content that is defamatory, libelous, or knowingly false in a way that harms an individual's or organization's reputation
• Use the Service to make false statements about a Property's condition, history, ownership, or value with intent to harm

3.5 Hate, Discrimination & Harassment

• Generate or distribute Content that promotes discrimination based on race, ethnicity, national origin, gender, gender identity, sexual orientation, religion, disability, age, or any other protected characteristic
• Generate or distribute Content that incites hatred or violence
• Engage in steering, blockbusting, or other forms of housing discrimination prohibited by Fair Housing laws (US) or equivalent legislation in your jurisdiction

3.6 Malicious Technical Activity

• Attempt to interfere with, disrupt, or compromise the security of the Service or our systems
• Probe, scan, or test for vulnerabilities without prior written authorization
• Distribute malware, viruses, ransomware, or any malicious code through the Service
• Use the Service to conduct attacks against any third party (DDoS, phishing, credential stuffing, etc.)
• Attempt to gain unauthorized access to other users' accounts or data

3.7 Service Abuse

• Use automated means (bots, scrapers, AI agents) to access the Service except via authorized API endpoints with proper authentication
• Bypass or attempt to bypass rate limits, quotas, or other technical restrictions
• Create multiple accounts to evade limits, suspensions, or pricing tiers
• Engage in resale, sublicensing, or commercial exploitation of the Service without explicit written authorization

4. Real Estate-Specific Prohibitions

These prohibitions apply specifically because Lumistate serves a regulated professional industry.

4.1 Property Misrepresentation. You may not use the Service to:

• Generate or publish Output that materially misrepresents the physical condition, size, layout, or features of a Property
• Add features to a Property that do not exist (additions, renovations, fixtures)
• Remove or hide structural defects, water damage, mold, or other material conditions a buyer is entitled to know
• Misrepresent square footage, room count, or boundary lines
• Misrepresent recent renovations as current when they are not
• Misrepresent property age, year of construction, or major mechanical system age

4.2 Listing Fraud. You may not use the Service to:

• Create or distribute listings for properties you are not authorized to list
• Create listings for properties that do not exist or properties you do not have legal rights to market
• Misrepresent your role (e.g., implying you are the seller's agent when you are not)
• Engage in dual-agency situations without proper disclosure as required by your jurisdiction

4.3 Boundary Violations. You may not use the Service to:

• Generate or publish images depicting properties that are not the subject of your authorized listing
• Create images that show or suggest the property includes adjacent properties, common areas, or amenities not actually included in the sale
• Misrepresent shared facilities, easements, or rights-of-way

4.4 Photography Without Authorization. You may not upload to the Service:

• Photos of properties for which you have no authorization to photograph or list
• Photos taken in violation of trespass laws, drone regulations, or aerial photography restrictions
• Photos of interiors taken without owner consent (where required)
• Photos that infringe a professional photographer's copyright (without proper licensing)

4.5 Predatory Lending or Predatory Real Estate Practices. You may not use the Service to:

• Promote or facilitate predatory lending practices
• Engage in title theft, deed fraud, or impersonation of property owners
• Promote rent-to-own, lease-option, or other arrangements in ways designed to mislead vulnerable consumers
• Engage in any practice that violates fair housing laws or housing finance regulations

5. AI Output & Generation Restrictions

These restrictions are specific to the AI capabilities of the Service.

5.1 Prohibited Generation Targets. You may not use the Service to generate Output that:

• Depicts AI-generated images of identifiable real persons without consent
• Depicts deepfakes, face swaps, or impersonations of any individual
• Generates synthetic property images of properties that do not exist (Outputs must be derived from real Content of real Properties)
• Generates AI-written descriptions of properties you have not seen or do not have legal rights to list

5.2 Hallucination Prevention. The Service uses AI models with structural-lock constraints designed to preserve property geometry. You may not:

• Attempt to circumvent these constraints through prompt injection, edge case exploitation, or technical workarounds
• Combine the Service's Output with external AI tools in ways that introduce hallucinated features
• Modify Output post-export in ways that introduce material misrepresentations and then attribute the modified images to Lumistate or use Lumistate's compliance markings on modified content

5.3 Disclosure Manipulation. You may not:

• Remove, alter, obscure, or crop out AB 723 disclosure watermarks, EU AI Act disclosure markings, or any other compliance-related elements added by the Service
• Modify EXIF metadata that the Service has added for compliance purposes
• Use the Service's "exempt enhancement" features and then publish the Output as if it had been more substantially altered (or vice versa) in ways that mislead buyers or violate disclosure law

5.4 AI Output Attribution. You may not:

• Claim that AI-generated descriptions were written by you in contexts where authorship matters (e.g., legally required disclosures, MLS-required agent statements)
• Claim that AI-enhanced photos are unedited "real" photos in contexts requiring photographic accuracy (e.g., insurance documentation, legal proceedings)

5.5 Generation of Restricted Content. You may not use the Service to generate:

• Content depicting weapons, illegal substances, or contraband as features of the Property unless these accurately reflect the Property's condition
• Content depicting the Property in geographic, neighborhood, or community contexts that do not accurately reflect its actual location

6. Photo Content Restrictions

These restrictions apply to Content you upload to the Service.

6.1 Required Consents. Before uploading Content, you must have:

• The legal right to upload the Content
• Authorization from the property owner or seller (where required)
• Consent from any individuals whose images appear in the Content (where required by law)
• Necessary licenses for any third-party copyrighted material visible in the Content (artwork, photography, branded items)

6.2 Personal Information in Photos. You should remove or use the Service's auto-blur features for:

• Faces of identifiable individuals
• License plates of vehicles
• Personal documents, mail, prescription medications
• Family photographs, certificates, or other identifying documents
• Items that reveal sensitive information about occupants (medical equipment, religious or political symbols, when occupants would not want this disclosed)

6.3 Prohibited Content Categories. You may not upload Content that:

• Depicts any of the categories listed in Section 3.2 (harm to persons), 3.3 (infringement), or 3.5 (hate/discrimination)
• Contains sexually explicit material
• Contains visible illegal contraband (drugs, illegal weapons)
• Was obtained through trespass, surveillance, or other unlawful means
• Was obtained from sources you have no rights to use (stock photo theft, scraped from competitors' listings, etc.)

6.4 Sensitive Property Categories. Additional care is required for:

• Active crime scenes — do not upload (legal restrictions vary by jurisdiction)
• Properties under active foreclosure or distress sale — verify your authorization carefully
• Properties of public figures — additional privacy considerations apply
• Government or institutional properties — security and disclosure restrictions may apply
• Properties subject to ongoing legal disputes — verify your authorization to market

7. Compliance & Disclosure Obligations

7.1 You Are Responsible for Compliance. While the Service includes tooling to assist with regulatory compliance, you remain solely responsible for:

• Complying with MLS rules in markets where you list
• Complying with state, national, and EU disclosure laws applicable to your listings
• Complying with your professional licensing obligations and codes of ethics
• Maintaining records required by law (e.g., AB 723 7-year retention)
• Disclosing AI-altered photos in your listings as required by applicable law

7.2 Use of Compliance Tooling. When you use the Service's compliance features (auto-disclosure watermarks, AB 723 export packages, audit trails):

• You acknowledge the features are tools, not guarantees of legal compliance
• You commit to not disabling, removing, or circumventing compliance features in ways that violate disclosure law
• You agree to apply the appropriate compliance features for your jurisdiction (e.g., AB 723 export for California listings)

7.3 Cross-Border Activity. If you operate across multiple jurisdictions, you are responsible for:

• Identifying which disclosure rules apply to each listing
• Configuring the Service appropriately per listing
• Maintaining records that demonstrate per-jurisdiction compliance

7.4 Cooperation with Investigations. If you become aware of:

• A regulatory investigation involving listings you created using the Service
• A buyer claim that material misrepresentation occurred in connection with a listing you created using the Service
• A subpoena, court order, or legal process related to listings you created using the Service

You agree to notify Lumistate at jakub@amaia-estate.com so we can preserve relevant audit logs and respond appropriately to lawful requests.

8. Account Integrity & Anti-Abuse

8.1 Single User Per Account. Free tier and Pro tier accounts are intended for use by a single individual. You may not:

• Share account credentials with multiple users
• Allow multiple individuals to log in to the same account simultaneously
• Use a single account to process listings for multiple unaffiliated agents or brokerages

For team use, the Business tier and partnership tiers provide proper multi-seat functionality.

8.2 No Account Hopping. You may not:

• Create new accounts to evade suspension, termination, or quota limitations on a previous account
• Use multiple accounts to obtain free tier benefits beyond the limits intended for a single user
• Misrepresent your identity to obtain different pricing tiers (e.g., individual pricing for a brokerage, regional pricing for a global operation)

8.3 Honest Information. You agree to provide and maintain accurate information in your account:

• Real legal name (or accurate business name)
• Working email address you control
• Accurate business address and tax information for billing
• Accurate description of your professional role

8.4 Payment Integrity. You may not:

• Use stolen or unauthorized payment methods
• Initiate fraudulent chargebacks for legitimately rendered services
• Use the Service in any manner intended to evade legitimate fees

Chargebacks initiated without first contacting Lumistate to attempt good-faith resolution may result in immediate account termination and forfeiture of access to historical Content.

9. Reporting Violations

9.1 How to Report. If you believe a user is violating this AUP, report it to:

• Email: jakub@amaia-estate.com
• Subject line: "AUP Violation Report"

9.2 What to Include. Reports should include:

• A description of the suspected violation
• The username, email, or account identifier of the suspected violator (if known)
• Evidence supporting the report (screenshots, listing URLs, etc.)
• Your contact information (so we can follow up if needed)
• Your relationship to the matter (e.g., affected party, observer, regulatory body)

9.3 Confidentiality. We treat reporter information as confidential where possible. We will not disclose your identity to the reported user without your consent, except where required by law or court order.

9.4 Good Faith. Reports must be made in good faith. We do not act on bad-faith reports intended to harm competitors, settle personal disputes, or harass legitimate users. Repeated bad-faith reports may result in action against the reporter's account.

9.5 IP Infringement (DMCA). For copyright infringement claims, follow the DMCA notification procedure:

• Designated Agent: Jakub Janus
• Email: dmca@lumistate.ai (or jakub@amaia-estate.com with subject "DMCA Notice")
• Postal: Ecomerco – Jakub Janus, ul. Stefana Czarnieckiego 3/5, 59-400 Jawor, Poland

DMCA notices must include the elements required by 17 U.S.C. § 512(c)(3). We respond to valid notices in accordance with the DMCA framework.

10. Enforcement & Consequences

10.1 Range of Enforcement Actions. Depending on the nature, severity, and recurrence of a violation, we may take any of the following actions:

For minor or first-time violations:

• Warning notice with explanation
• Mandatory acknowledgment of the AUP before continued use
• Removal of specific Content or Output

For moderate violations:

• Temporary suspension of specific features (e.g., AI generation, share links)
• Temporary account suspension (typically 7-30 days)
• Required corrective action (e.g., remediation of past listings)

For serious violations:

• Immediate account termination without refund
• Permanent ban (extending to associated accounts)
• Forfeiture of historical Content and audit logs
• Reporting to relevant authorities (law enforcement, MLS, real estate regulators, IP rights holders)
• Civil action where damages have been incurred

10.2 Severity Factors. In determining the appropriate enforcement action, we consider:

• Severity of harm to other users, buyers, sellers, or the public
• Whether the violation was intentional or accidental
• Whether the violation was repeated or part of a pattern
• Whether the violation involved fraud, deception, or harm to vulnerable parties
• Whether the user cooperated with our investigation
• The user's history with the Service

10.3 Notice (Where Practical). For violations that do not require immediate action to prevent harm:

• We will notify the user via email
• Provide a description of the alleged violation
• Allow a reasonable opportunity to respond or correct (typically 7 days)
• Make a determination based on the response

For violations that require immediate action (severe harm, fraud, illegal activity, security threats), we may suspend the account immediately and provide notice afterward.

10.4 No Waiver. Our decision not to take action against a violation does not constitute a waiver of our right to act on similar violations in the future.

10.5 No Reliance on Lumistate's Enforcement. Lumistate's enforcement actions do not relieve users of their independent legal obligations. The fact that Lumistate has not detected or acted on a violation does not mean the violation is permitted.

10.6 Consequences for Partnership Tier Customers. Brokerage and MLS partnership tier customers are subject to additional enforcement provisions in their executed partnership agreements, which may include network-level remediation obligations, cure periods, and partnership termination provisions.

11. Appeals

11.1 Right to Appeal. If you believe an enforcement action against your account was made in error, you may appeal.

11.2 How to Appeal

• Email: jakub@amaia-estate.com
• Subject line: "Account Action Appeal"
• Include: Account identifier, date of action, your understanding of the alleged violation, your response, supporting evidence

11.3 Appeal Process

• Appeals are reviewed by someone other than the individual who made the original enforcement decision (where staffing permits)
• We respond to appeals within 14 days
• We may reverse, modify, or uphold the original action
• Appeal decisions are final unless new evidence emerges

11.4 Limits on Appeals. Some enforcement actions are not subject to reversal regardless of appeal:

• Actions required by law or court order
• Actions related to security incidents that have already been escalated
• Actions for fraud where evidence is conclusive
• Actions in response to verified DMCA notices (use the DMCA counter-notification procedure instead)

11.5 EU Consumer Rights. EU consumers retain rights under the EU Digital Services Act (DSA) and applicable consumer protection law. Where DSA applies, we provide additional procedural protections including:

• Statement of reasons for content removal or account restriction
• Access to internal complaint-handling system
• Right to refer disputes to certified out-of-court dispute settlement bodies
• Right to lodge complaints with relevant regulatory authorities

12. Updates & Contact

12.1 Updates to This AUP. We may update this AUP. Updates take effect:

• For non-material changes (clarifications, formatting): upon posting
• For material changes: 14 days after notification to affected users

12.2 Material Change Notification. For material changes, we provide notice via:

• Email to active customer accounts
• In-app notification on next login
• Banner on lumistate.ai/legal/acceptable-use

12.3 Continued Use as Acceptance. Continued use of the Service after the effective date of changes constitutes acceptance.

12.4 Version History. We maintain a version history at lumistate.ai/legal/aup-history.

12.5 Contact. For questions about this AUP:

• Email: jakub@amaia-estate.com
• Subject line: "AUP Question"
• Postal: Ecomerco – Jakub Janus, ul. Stefana Czarnieckiego 3/5, 59-400 Jawor, Poland