Terms of Service

Avenu is a real estate photography application that enables users to capture, enhance, process, and download property photographs using their smartphones.

Our Services may include guided camera tools, automated image enhancement, image processing, photo storage, and digital delivery.

We reserve the right to modify, improve, suspend, or discontinue features at any time.

You must be at least 18 years old and legally capable of entering into a binding agreement to use Avenu.

When creating an account, you agree to provide accurate information and maintain the confidentiality of your login credentials.

You are responsible for all activity occurring under your account. You agree to notify us promptly if you suspect unauthorized access.

We may suspend or terminate accounts that violate these Terms or engage in fraudulent, unlawful, or abusive activity.

Avenu may offer both free and paid features. Pricing, package details, and any additional image charges will be displayed within the application before purchase.

By completing a purchase, you authorize the applicable payment provider to charge the displayed amount.

Purchases made through Apple's App Store are processed by Apple and are subject to Apple's terms and refund policies. Avenu cannot issue refunds directly for App Store purchases. To request a refund for an App Store purchase, contact Apple at reportaproblem.apple.com.

Purchases are generally final once image processing has begun, except where refunds are required by applicable law or platform policies.

If photographs fail to process or are not delivered due to a technical issue, contact Avenu support. We will reprocess your photographs or provide account credit for the affected purchase. For purchases made outside the App Store, we may instead issue a refund.

Avenu reserves the right to change pricing, package offerings, and available features. Changes will not retroactively affect completed purchases.

You retain all ownership rights you hold in the original photographs you capture or upload through Avenu.

Avenu does not claim ownership of your original photographs or enhanced images.

By uploading or capturing photographs through the Services, you grant Avenu a limited, nonexclusive, worldwide, royalty-free license to host, store, reproduce, process, modify, and transmit those images as reasonably necessary to provide the Services.

You also grant Avenu a nonexclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, display, and distribute your original and enhanced images in Avenu's own marketing and promotional materials. This includes our website, app store listings, social media, advertising, and before and after examples. We will not include your name, brokerage, or the property address without your permission. You may ask us to stop using specific images in new marketing materials by emailing hunter@useavenu.com, and we will honor that request going forward.

This license also permits Avenu to share images with authorized third-party processing providers to provide the Services, consistent with our Privacy Policy.

You also grant Avenu and its processing providers permission to use your original and enhanced images to operate, maintain, and improve the Services, including to develop and train image processing models. Images used for this purpose will not be publicly displayed or sold as standalone images. You may request that your future uploads be excluded from model training by emailing hunter@useavenu.com. Processing providers may use images as permitted under their agreements with Avenu, which are described in our Privacy Policy.

You may use your enhanced photographs for lawful commercial or personal purposes, including real estate listings, advertising, websites, and social media, provided you have the necessary rights and permissions.

Avenu uses automated image processing and artificial intelligence technologies to enhance photographs.

Enhancements may include adjustments to brightness, exposure, color, sharpness, perspective, and other visual characteristics.

Although Avenu strives to produce accurate, professional-quality photographs, automated processing may occasionally introduce errors, distortions, artifacts, or unintended visual changes.

Avenu does not guarantee that enhanced images will be entirely free of inaccuracies or suitable for every intended use.

Users are responsible for reviewing and approving enhanced photographs before publishing, distributing, or using them in real estate marketing.

Avenu is not responsible for misleading representations or inaccuracies that users fail to identify before publishing, except to the extent that responsibility cannot legally be excluded.

Avenu is designed to help users create photographs suitable for real estate marketing, including Multiple Listing Service (MLS) platforms.

However, requirements and regulations vary between MLS organizations, jurisdictions, and advertising platforms.

Users are solely responsible for ensuring that their photographs comply with all applicable MLS requirements, real estate advertising laws, professional standards, and disclosure obligations.

Users agree not to knowingly publish photographs that materially misrepresent a property's condition, features, or characteristics.

Avenu does not guarantee that enhanced photographs will be accepted by any particular MLS, brokerage, or listing platform.

Avenu aims to process and deliver enhanced photographs promptly.

Any advertised processing or turnaround times are estimates and may vary based on image quantity, server availability, internet connectivity, processing demand, or technical circumstances.

Avenu does not guarantee specific delivery times.

Users are responsible for downloading and maintaining backup copies of their completed photographs.

We do not guarantee indefinite storage or availability of original or processed images. Image retention and deletion practices are described in our Privacy Policy.

To the extent permitted by law, Avenu is not responsible for missed listing deadlines, delayed marketing campaigns, or other business losses resulting from processing delays or service interruptions.

Avenu may remove prohibited content or restrict access when reasonably necessary to protect its users, business, or Services.

Avenu may rely on third-party providers for image processing, cloud storage, payment processing, analytics, and other functionality.

These services may be subject to their own terms and privacy policies.

Avenu is not responsible for independent third-party services outside our reasonable control, except where required by applicable law.

The Avenu application, software, branding, logos, website design, text, graphics, and related technology are owned by Avenu Technologies LLC or its licensors and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms, Avenu grants you a limited, nonexclusive, nontransferable, revocable license to access and use the application for its intended purposes.

You may not reproduce, redistribute, sell, reverse engineer, or commercially exploit Avenu's proprietary technology without prior written authorization, except where applicable law permits.

Nothing in this section limits your ownership rights in photographs you submit or create.

If you send us suggestions, ideas, or other feedback about the Services, you agree that Avenu may use that feedback for any purpose without compensation or obligation to you.

Your privacy is important to us.

Our Privacy Policy explains how we collect, use, store, share, and protect personal information and uploaded content.

By using Avenu, you acknowledge our Privacy Policy, available at:

https://useavenu.com/privacy-policy

We strive to maintain reliable access to Avenu but cannot guarantee that the Services will always be available, uninterrupted, secure, or error-free.

We may perform maintenance, release updates, modify features, or temporarily suspend functionality when necessary.

Avenu is not responsible for disruptions caused by circumstances outside its reasonable control, subject to applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

AVENU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

We do not guarantee that the Services will meet every user's requirements, produce flawless image enhancements, or result in particular business or real estate marketing outcomes.

Nothing in these Terms excludes statutory rights that cannot legally be waived.

To the maximum extent permitted by applicable law, Avenu Technologies LLC and its officers, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to use of the Services.

This includes, without limitation, lost profits, missed business opportunities, listing delays, data loss, or damages arising from reliance on enhanced photographs.

To the extent permitted by law, Avenu's total aggregate liability arising from or relating to the Services will not exceed the greater of (a) the amount paid by the user to Avenu during the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

These limitations do not apply to liabilities that cannot legally be limited or excluded.

This provision does not require you to indemnify Avenu for its own negligence, misconduct, or other liability where prohibited by law.

You may stop using Avenu at any time.

You may delete your account at any time from the account settings within the application. When you delete your account, we will delete your account information and stored photographs within a reasonable period, except where we are required to keep certain information for legal, tax, fraud prevention, or security purposes, as described in our Privacy Policy. Please download any photographs you want to keep before deleting your account.

We reserve the right to suspend or terminate access when users violate these Terms, engage in fraudulent activity, or threaten the security or operation of the Services.

Following termination, access to stored photographs and account features may become unavailable, subject to applicable data retention requirements and our Privacy Policy.

Termination or account deletion does not automatically entitle users to refunds for completed purchases.

Avenu may update these Terms periodically to reflect changes in our Services, legal obligations, or business practices.

Updated Terms will be posted on our website with a revised effective date.

Where required by law, we will provide additional notice or request your consent before material changes take effect.

Continued use of the Services after updated Terms become effective constitutes acceptance where permitted by applicable law.

Governing law. These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

Informal resolution first. Before filing any claim, you agree to contact us at hunter@useavenu.com and try to resolve the dispute informally for at least 30 days.

Binding arbitration. If the dispute is not resolved informally, you and Avenu agree that any dispute arising from these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration may be conducted by video conference or in the county where you live. Payment of arbitration fees will be governed by those rules.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek court relief to protect its intellectual property rights.

Class action waiver. You and Avenu agree to bring claims only on an individual basis, and not as a plaintiff or class member in any class, collective, or representative proceeding.

Opting out. You may opt out of this arbitration agreement by emailing hunter@useavenu.com within 30 days of first accepting these Terms, with your name, account email, and a clear statement that you are opting out.

Courts. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in [COUNTY] County, Florida, and both parties consent to jurisdiction there.

Nothing in these Terms limits mandatory consumer protection rights available under applicable law.

Parties. These Terms are between you and Avenu Technologies LLC, not Apple Inc. Avenu, not Apple, is solely responsible for the application and its content.

License scope. Your license to use the application is limited to a nontransferable license to use it on Apple branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

Maintenance and support. Avenu is solely responsible for providing maintenance and support for the application. Apple has no obligation to provide any maintenance or support services.

Warranty. If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the application. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application. Any other claims, losses, liabilities, damages, costs, or expenses caused by a failure to conform to a warranty are Avenu's responsibility, to the extent not disclaimed in these Terms.

Product claims. Avenu, not Apple, is responsible for addressing any claims by you or a third party relating to the application, including product liability claims, claims that the application fails to meet legal or regulatory requirements, and claims under consumer protection, privacy, or similar laws.

Intellectual property claims. If a third party claims that the application or your use of it infringes their intellectual property rights, Avenu, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.

Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-party terms. You must comply with any applicable third-party terms of agreement when using the application, such as your wireless data service agreement.

Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right to enforce them against you as a third-party beneficiary.

Questions, complaints, or claims about the application can be sent to Avenu using the contact information in Section 21.

Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and Avenu regarding the Services and replace any prior agreements on the same subject.

Severability. If any part of these Terms is found unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in effect.

No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our written consent. Avenu may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

Survival. Sections that by their nature should continue after termination will survive, including Sections 4, 5, 10, and 13 through 20.