Effective Date: 03/01/26
These Terms of Use (“Terms”) govern your access to and use of Luster (also referred to as the “App,” or the “Service”), operated by Evil Genius Labs LLC (“Company,” “we,” “us,” or “our”). By downloading, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
Luster is an AI-powered image enhancement tool designed to improve user-submitted photos through automated processing. The Service may adjust lighting, shadows, color balance, perspective, framing, and remove visual distractions. The Service is intended for aesthetic and marketing purposes only.
The Service does not provide photography, design, legal, compliance, real estate, appraisal, inspection, engineering, or professional advice. You are solely responsible for determining whether outputs are appropriate for your intended use.
You acknowledge that Luster uses machine-learning systems that may produce outputs that are inaccurate, incomplete, inconsistent, or misleading. Outputs may contain artifacts, distortions, or unintended alterations, including changes that may be considered “hallucinations” inherent to AI processing.
Although Luster is designed to preserve the integrity of a property and avoid misrepresentation, we do not guarantee that any output will comply with MLS rules, advertising standards, real estate disclosure requirements, hospitality marketing standards, or any other applicable laws or regulations.
Compliance requirements vary by jurisdiction, platform, broker, and MLS system. You are solely responsible for verifying compliance and for making any required disclosures before publishing or using outputs.
By using Luster, you agree that:
• You own or have legal rights to upload all submitted photos.
• You are solely responsible for reviewing outputs before using them publicly or commercially.
• You are solely responsible for ensuring that outputs are not misleading, deceptive, or improperly altered.
• You will comply with all applicable laws, MLS rules, platform rules, and disclosure requirements.
• You will not rely on Luster outputs as the sole basis for any financial, legal, lending, appraisal, inspection, or purchasing decision.
You may not use Luster to:
• Misrepresent a property, listing, product, or service.
• Alter photos in a way that hides defects, hazards, structural damage, mold, water intrusion, safety issues, or other material facts.
• Create deceptive marketing materials intended to mislead buyers, tenants, guests, lenders, insurers, or regulators.
• Impersonate others or generate misleading identity-related imagery.
• Upload unlawful, obscene, defamatory, harassing, or infringing content.
• Upload photos containing sensitive personal information without authorization.
• Reverse engineer, scrape, copy, resell, sublicense, or exploit the Service or its outputs in violation of these Terms.
• Use the Service for surveillance, stalking, or privacy-invasive purposes.
• Attempt to bypass rate limits, payment requirements, or security controls.
We reserve the right to suspend or terminate accounts that violate these restrictions.
Luster may offer paid features, including one-time purchases, credit packages (“Credits”), and/or subscription plans.
Credits may be required to generate outputs. The number of Credits required per generation may vary based on processing type, resolution, or future feature sets.
Credits:
• have no cash value,
• are not transferable,
• may not be resold,
• may expire if stated at the time of purchase.
Subscriptions may provide recurring Credits or access to certain features. Subscription terms, pricing, and renewal frequency will be disclosed at the time of purchase.
If you purchase Credits or subscriptions through the Apple App Store, Apple processes payments and manages billing. Refund requests must be submitted through Apple, and we do not control Apple’s refund decisions.
We may change pricing, Credit requirements, or plan structures at any time, but changes will not apply retroactively to purchases already completed.
Refunds
All purchases are processed through Apple’s App Store. We do not process payments directly and cannot issue refunds. Any refund requests must be submitted to Apple through your Apple ID purchase history. All purchases are final except where required by law.
Goodwill Credits
If you are dissatisfied with a result, we may, at our sole discretion, offer replacement Credits or reprocess an image. Credits have no cash value and are not redeemable for refunds. Issuing replacement Credits does not create an obligation to provide future Credits or adjustments. We may limit or deny Goodwill Credits in cases of repeated or abusive requests.
We strive to provide consistent results, but you acknowledge that:
• Outputs may fail to generate.
• Processing may produce unusable results.
• Service performance may vary depending on demand and infrastructure.
• Features may change, be updated, removed, or replaced at any time.
We do not guarantee continuous availability of any specific feature, filter set, lighting option, or enhancement style.
All rights, title, and interest in the Service, including its software, design, algorithms, models, and branding, are owned by Evil Genius Labs LLC or its licensors.
Nothing in these Terms grants you ownership of the Service or its underlying technology.
You retain ownership of your original photos (“User Content”).
By uploading User Content, you grant the Company a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, process, and modify your User Content solely for the purpose of operating, maintaining, improving, and delivering the Service.
You represent and warrant that you have all rights necessary to grant this license.
Subject to your compliance with these Terms, you may use outputs generated through the Service (“Outputs”) for personal or commercial purposes.
However, you acknowledge and agree:
• Outputs may not be unique.
• Similar or identical Outputs may be generated for other users.
• The Company does not guarantee exclusivity of style, lighting, or aesthetic.
User Content and Outputs are not used to train machine-learning models unless you provide explicit opt-in consent. If you opt in, you may withdraw consent at any time, but training already performed cannot be reversed.
We may store uploaded photos and generated outputs as needed to operate the Service, provide account history, support downloads, improve performance, prevent abuse, and comply with legal obligations.
You may request deletion of your account by contacting dev@evilgeniuslabs.info. Deletion may not immediately remove all copies due to backups, caching, or legal retention requirements.
Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
We do not warrant that:
• Outputs will meet MLS requirements or platform policies.
• Outputs will be free from distortions or errors.
• Outputs will accurately depict property conditions.
• The Service will be uninterrupted, secure, or error-free.
TO THE FULLEST EXTENT PERMITTED BY LAW:
• THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
• THE COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL.
• THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
We are not responsible for any claims, disputes, regulatory actions, buyer dissatisfaction, tenant complaints, booking disputes, chargebacks, lawsuits, or reputational damage arising from your use of Outputs in real estate, hospitality, rental, or commercial marketing.
You agree to indemnify and hold harmless Evil Genius Labs LLC, its affiliates, owners, employees, contractors, and licensors from any claims, damages, liabilities, losses, and expenses (including attorney fees) arising out of:
• Your use of the Service or Outputs;
• Your violation of these Terms;
• Your violation of laws, MLS rules, advertising rules, or disclosure requirements;
• Any claim that your User Content infringes intellectual property or privacy rights.
We may suspend or terminate your access to the Service at any time if we reasonably believe you have violated these Terms, misused the Service, engaged in fraud, harmed the platform, or created legal risk for the Company.
Termination may result in loss of access to Credits, account history, and stored Outputs, unless prohibited by law.
The Service may rely on third-party hosting providers, storage services, payment processors, analytics providers, or AI infrastructure vendors. We are not responsible for third-party outages or failures.
If you download the App through Apple’s App Store:
• These Terms are an agreement between you and Evil Genius Labs LLC, not Apple.
• Apple has no responsibility for the Service or its content.
• Apple is not responsible for maintenance or support services.
• Apple is a third-party beneficiary of these Terms and may enforce them against you.
If you believe content processed through Luster infringes copyright, you may submit a DMCA notice to dev@evilgeniuslabs.info. We may remove content or terminate repeat infringers in response to valid notices.
Before filing any claim, you agree to contact us at dev@evilgeniuslabs.info and allow thirty (30) days for informal resolution.
Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.
Arbitration shall take place in Riverside County, California, unless the arbitrator determines another location is required by law.
You and the Company agree that claims may only be brought in an individual capacity, and not as a class action or representative proceeding.
You may opt out of arbitration by providing written notice within thirty (30) days of first accepting these Terms by emailing dev@evilgeniuslabs.info with your full name and a clear statement of your intent to opt out.
These Terms shall be governed by the laws of the State of California, without regard to conflict-of-law rules.
We may update these Terms at any time. If we make material changes, we will provide notice within the App or via email if available. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
Evil Genius Labs LLC
Email: dev@evilgeniuslabs.info
