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Sparkle

Legal

Terms of service

The rules that apply when professional users create, enhance, and export real-estate listing photos with Sparkle.

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1. Provider and scope

Sparkle is provided by BYRDS CONSULTING, a French société par actions simplifiée with share capital of €1,000, registered with the Nanterre Trade and Companies Register under number 982 951 915, whose registered office is at 88 rue Armand Silvestre, 92400 Courbevoie, France ("Byrds", "we", "us"). Contact: contact@byrds.consulting.

These terms govern access to and use of sparkle.estate, including the Free, Pro, Agency, one-listing unlock, and any agreed enterprise offering (the "Service"). They are intended for users acting for business or professional purposes. If we expressly agree to serve a consumer, mandatory consumer rights prevail over any conflicting clause.

2. What Sparkle does

Sparkle lets you create real-estate listings, upload property photographs, submit them for generative image enhancement, compare the result with the source image, apply a watermark or workspace logo where available, and download exports.

The current enhancement path uses OpenAI GPT Image 2 through Vercel AI Gateway. The model is instructed to preserve camera position, crop, perspective, room geometry, structural elements, and proportions while improving light, colour, cleanliness, clutter, décor, and movable furniture. Generative models can nevertheless misunderstand or alter an image.

3. Account and authorised use

You must provide accurate account information, keep your credentials confidential, and promptly tell us if you suspect unauthorised access. You are responsible for activity carried out through your account and for ensuring that colleagues or contractors using it comply with these terms.

  • Do not use the Service unlawfully, deceptively, or to infringe another person's rights.
  • Do not attempt to bypass plan limits, access another workspace, probe security, scrape the Service, or disrupt its operation.
  • Do not upload malware, unlawful content, government identifiers, payment-card data, health data, or other sensitive personal data.
  • Do not use an output to misrepresent a property's structure, condition, features, or availability.

4. Your photos, listings, and outputs

You retain your rights in the photographs, listing details, logos, and other material you submit. You grant Byrds a non-exclusive, worldwide licence, limited to the duration and purposes necessary to host, copy, transform, transmit, and display that material to operate, secure, support, and improve the Service.

You represent that you have all rights, permissions, and lawful bases needed to upload and process the content, including permissions relating to photographers, property owners, occupants, artwork, trademarks, and identifiable people. Remove people, documents, screens, family photographs, access codes, and other personal or confidential details before upload whenever possible.

As between you and Byrds, and to the extent the law allows rights to arise in an AI-generated output, Byrds assigns to you any rights it may hold in that output. Outputs may not be unique and may be similar to material generated for others. This does not clear third-party rights or guarantee that an output qualifies for copyright protection.

5. AI transparency and required human review

Every enhanced image must be reviewed by a competent person before it is published, delivered to a client, or used in an advertisement. Compare it with the original at full size and check geometry, permanent fixtures, views, surfaces, furniture, reflections, text, and any fact that could influence a buyer or tenant.

Sparkle is an editing tool, not a survey, appraisal, legal-compliance service, or substitute for professional photography. You remain responsible for the accuracy of a listing and for any disclosure, labelling, MLS, portal, advertising, consumer-protection, or professional rules that apply to edited or AI-generated property imagery in your market.

6. Plans, prices, and payment

The checkout page and billing dashboard show the offer that applies when you order. The current public catalogue is: Free at €0 with one listing per calendar month; a €5 one-time listing unlock; Pro at €19 per month including five listings, then €5 per additional listing; and Agency at €199 per month including fifty listings, then €4 per additional listing. Displayed customer prices include VAT where stated; the applicable tax is calculated at checkout.

Stripe processes checkout, recurring charges, invoices, refunds, and the customer billing portal. Byrds does not receive full payment-card numbers. Your order is confirmed when Stripe confirms payment or activates the subscription. Usage-based listing charges may be reported after the listing is created and charged according to the billing cycle shown at checkout.

Legacy, promotional, or individually agreed pricing may differ and continues under the offer accepted for that account until it is changed. Enterprise terms, purchase orders, or a signed agreement prevail where they expressly conflict with these online terms.

7. Renewal, cancellation, and refunds

Paid monthly subscriptions renew automatically until cancelled. You can manage or cancel them at any time from Dashboard → Billing → Open billing portal. Cancellation takes effect at the end of the current paid period unless the portal states otherwise. Deleting listings or ceasing to use the Service does not by itself cancel a subscription.

Amounts already paid, one-time unlocks already fulfilled, and usage already incurred are non-refundable except where required by law or where the Service charged you in error. If mandatory law grants a withdrawal or termination right, you may exercise it by emailing contact@byrds.consulting; we will apply that law notwithstanding these business-use terms.

8. Availability and changes

We aim to keep the Service available but do not promise uninterrupted or error-free operation. Image generation depends on hosting, database, payment, analytics, support, gateway, and AI providers. We may maintain, secure, limit, suspend, or change features where reasonably necessary.

We may update plans or prices prospectively. Material changes to a paid subscription will be notified before they take effect, and you may cancel before the next renewal. We may replace the AI model or provider, but the privacy policy will be updated before a materially different processing arrangement applies.

9. Sparkle intellectual property

The Service, software, interface, brand, documentation, prompts, and Sparkle assets are owned by Byrds or its licensors. Subject to these terms, we grant you a limited, non-exclusive, non-transferable right to use the Service for your internal professional activity during your account or subscription term. No source-code, trademark, resale, or sublicensing right is granted.

10. Warranties and liability

The Service and AI outputs are provided on an as-available basis. We do not warrant that an output is accurate, unique, free from artefacts, fit for publication, or compliant with a particular marketplace's rules. Keep your own copy of important originals and listing information.

To the fullest extent permitted for a contract between professionals, Byrds is not liable for indirect loss, lost revenue, loss of opportunity, reputational harm, or a decision made without the required review. Byrds' aggregate liability arising from the Service is limited to the fees paid by you for the Service during the twelve months before the event giving rise to the claim. This limitation does not apply to fraud, wilful misconduct, death or personal injury, breach of a mandatory legal obligation, or liability that cannot lawfully be limited.

11. Suspension and termination

You may stop using the Service at any time, subject to cancelling any paid plan. We may suspend or terminate access where reasonably necessary to address non-payment, a security incident, unlawful content, material breach, risk to other users or providers, or a legal requirement. Where appropriate, we will give notice and a reasonable opportunity to remedy the issue.

After termination, your right to use the Service ends. Clauses that by their nature should survive—including payment obligations, intellectual property, liability, and dispute provisions—remain effective. The privacy policy explains retention and deletion of account data and content.

12. Governing law and contact

These terms are governed by French law. The parties will first try in good faith to resolve any dispute by contacting contact@byrds.consulting. If no amicable resolution is reached, the competent court is determined by applicable procedural law and any valid jurisdiction agreement between professional parties.

If one clause is unenforceable, the remaining clauses continue to apply. A failure to enforce a clause is not a waiver. We may update these terms for legal, security, provider, or product changes; the date above identifies the version in force, and material changes will be brought to account holders' attention.