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Terms of Service

The rules for using BrackIt: your account, plans, automatic renewal and billing, your photos, copyright complaints, and who handles disclosure.

Last updated: Draft

Draft - attorney review required

This page is our working version and is still waiting for attorney review, so it may change. We will email account holders before any material change takes effect. Nothing here is legal advice.

On this page

1.About these terms

These terms are an agreement between you and Han Property Group LLC, a Washington limited liability company (“BrackIt”, “we”, “us”), which offers the BrackIt website and studio under the BrackIt name. By creating an account or using the service you agree to them. If you use BrackIt for a company, you confirm you are allowed to accept these terms for it.

2.Your account

  • You must be at least 18 and give a valid email address.
  • Keep your password private. You are responsible for activity under your account.
  • Tell us promptly at support@brackitphoto.com if you think someone else has accessed it.

3.Plans, houses and billing

  • Plans are billed monthly or annually in advance through Stripe. Annual plans cost the same as 10 months of the monthly price.
  • Each plan includes a number of houses per month (annual plans too: the year is split into monthly periods). One job is one house, however many rooms or photos it contains.
  • Rollover: houses of your plan that you don’t use in a month roll over to the next month only, up to your plan’s monthly number of houses, and are used first. Rolled-over houses don’t roll over again. If you change plans, the limit is your new plan’s monthly number. If your plan ends or lapses for more than 7 days between periods, nothing rolls over.
  • Extra houses: if you start more houses than your allowance (including rolled-over houses), each extra house costs your plan’s per-house rate, currently $10 on Solo, $9 on Pro, $7.50 on Team and $6 on Business. Before you create an extra house we show the price, and you confirm by creating it. It is billed once, added to your plan’s next invoice and charged with it to your payment method on file (on annual plans, extra houses are invoiced once a month). If your plan ends before that invoice, the extra houses not yet invoiced are invoiced when it ends. If the house can’t be created, it is not charged. Deleting a job later doesn’t refund its extra-house charge or give back the house. If we can’t read any of the photos you upload for an extra house, so no still can be made from them, tell us at support@brackitphoto.com and we will remove or refund that house’s charge. We email you when you start your first extra house, ahead of the invoice that charges it.
  • Photo tours are included on Team and Business. On Solo and Pro, each photo tour costs $9 (pay as you go), or is covered by the photo tour add-on: $29 a month on Solo (up to 10 tours a month) and $49 a month on Pro (up to 25 tours a month); annual plans pay 10 times the monthly price a year ($290 on Solo and $490 on Pro). A tour is the first photo tour built for a house (job); rebuilding that house’s tour later is free.
  • Pay-as-you-go tours: before a $9 tour is built we show the price and ask you to confirm. Confirmed tours are added to your plan’s next invoice and charged with it to your payment method on file (on annual plans, tours are invoiced once a month). If your plan ends before that invoice, the tours not yet invoiced are invoiced when it ends. A run that fails before the tour is built is not charged.
  • Tour add-on: it is a subscription that renews automatically together with your plan, on the plan’s billing date and interval, until you cancel; the first charge covers only the rest of your plan’s current billing period. Tours the add-on covers in a month and don’t use roll over to the next month only, the same way as houses: up to the add-on’s monthly number, used first, and they don’t roll over again; nothing rolls over if the add-on or your plan lapses for more than 7 days. Tours beyond the add-on’s tours cost $9 each, after you confirm. If the add-on’s payment fails, tours are $9 each until it is paid. If you switch between Solo and Pro, the add-on moves to the new plan’s add-on price (prorated by Stripe). If you move to a plan with tours included, or your plan ends, the add-on ends at the same time and the unused part is credited to your account balance for future invoices. If your plan has ended and credit is left on your account balance, ask us at support@brackitphoto.com and we will refund it to your original payment method.
  • Prices do not include taxes. We add sales tax or other taxes where the law requires it.
  • If a payment fails: Stripe tries your card again for a while, and your plan stays on. You can still upload and merge, but until the payment goes through, new jobs and public tour links pause, and on plans without tours included a house’s first tour waits. If the retries don’t succeed, your plan ends. To stop this, update your card in Plan & billing.
  • After your plan ends: uploading, merging and creating new jobs stop until you choose a plan again. You can still sign in, view your jobs and tours, and download your originals and stills. Public tour links pause until your plan is active again.
  • Refunds: cancelling stops future charges, and you keep your plan until the end of the period you’ve paid for. Except as these terms say or the law requires, we don’t refund the period you’ve already paid for, part of a period, or unused houses or tours, on monthly or annual plans. Deleting your account cancels your subscription straight away, and the rest of that period is not refunded, so if you have time left you may prefer to cancel first and delete later. Extra houses, tours and plan changes that aren’t invoiced yet are still invoiced when you delete your account and charged to your payment method on file. If there is no payment method on file when your plan ends or you delete your account, we email you an invoice for the amount, due within 30 days; deleting your account doesn’t cancel it. If you think we charged you by mistake, tell us at support@brackitphoto.com within 60 days of the charge and we will refund any charge made in error. If we stop offering BrackIt, or close your account when you haven’t broken these terms, we refund the unused part of the period you’ve paid for. Nothing here limits any refund right the law gives you.

Automatic renewal

  • Your subscription renews automatically at the end of each billing period (every month or every year, as you chose at checkout), and your payment method is charged the price of your plan for the next period until you cancel. The current prices are on the pricing page. There is no minimum term or minimum purchase.
  • How to cancel: online at any time in Plan & billing › Manage billing (the Stripe billing portal). Cancelling stops future renewals and takes effect at the end of the period you’ve already paid for; you keep your plan until then and it doesn’t renew. Extra houses or tours you confirmed that aren’t invoiced yet are billed when it ends. To avoid the next renewal charge, cancel before your renewal date.
  • The photo tour add-on renews automatically on the same terms, on your plan’s billing date, and is cancelled the same way (Plan & billing › Manage billing); it ends at the end of the period you’ve paid for.
  • After you subscribe (and after you add the tour add-on) we email you a confirmation of these terms. For annual plans we email you 30 to 40 days before each renewal with the price, the renewal date and how to cancel. Monthly plans get a reminder once a year.
  • You can change plans at any time in the billing portal.

Price changes

We may change our prices. If the price of your plan changes, we will email you no less than 21 and no more than 30 days before the new price applies to you, with the new price, the date it applies and how to cancel. You can cancel before the new price applies and you won’t be charged it. If you live in New York and your price goes up, you can also cancel within 14 days after the first charge at the higher price and ask us for a pro-rata refund of the unused part of that period.

4.Your photos

You keep all rights to the photos you upload and to the stills and tours we make from them. You give us permission to store, copy and process your photos only as needed to run the service for you, including making preview copies (thumbnails) and showing your tours to anyone who has a share link you have turned on. This permission ends when you delete the content or your account, except for backup copies, which are kept only for a limited time (see the Privacy Policy).

You confirm you have the right to upload each photo, including permission from the property owner, listing agent or client where needed, and that your photos do not break anyone else’s rights or the law. Don’t upload photos that show identifiable people, or private documents or information, unless you have permission.

5.Edits, originals and disclosure

BrackIt combines and adjusts your own exposures to produce finished stills. Original files are kept unchanged and can be downloaded from each job while your account is open. Our AB 723 disclosure page explains what each type of output means.

You, and the listing agent or broker who publishes the photos (and anyone acting for them), are responsible for deciding whether an image needs a disclosure and for making it, including on the MLS and in other advertising. BrackIt does not publish listings. Its stored originals are private to your account unless you turn on public original links for a job.

State rules. BrackIt applies the rules of each job’s property state to stills that are digitally altered: it labels them in downloads and on your tour links, and can publish their unaltered originals at public links if you opt in. You choose the property state, the listing type and which stills are altered beyond what BrackIt marks automatically, so the labels depend on that information being right. The state notes, labels and drone reminders are informational and not legal advice; our list of rules may be incomplete or out of date, and following them doesn’t guarantee that a listing meets every law or MLS rule. Aerial jobs ask you to confirm that you have permission to fly and will follow the drone rules; that confirmation is yours.

6.Acceptable use

Please do not:

  • upload unlawful content, or photos you don’t have the rights to;
  • use BrackIt to mislead buyers or renters about a property;
  • try to access other users’ data, or disrupt, overload or reverse-engineer the service;
  • share your account outside your plan, or resell the service without our written permission.

8.The service

We work to keep BrackIt available and your files safe, but the service is provided “as is” and may sometimes be unavailable or change. Automated results such as merges, enhancements and room tags can contain mistakes, so please review your stills before you deliver them. Keep your own copies of important files.

9.Limitation of liability

No other warranties. To the fullest extent the law allows, BrackIt is provided “as is” and “as available”, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We don’t promise that the service will be uninterrupted or error-free.

Limit on damages. To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business or data. Our total liability for all claims about BrackIt is limited to the greater of what you paid us in the 12 months before the event that led to the claim and 100 US dollars.

What this doesn’t limit. Nothing in these terms limits or excludes liability for fraud, gross negligence, intentional misconduct, or death or bodily injury caused by negligence, or any other liability or right that the law doesn’t allow to be limited or waived, including consumer rights that can’t be waived by contract. If the law where you live doesn’t allow part of this section, that part doesn’t apply to you.

10.Ending your account

You can stop using BrackIt and delete your account yourself at any time from Account settings (see the Privacy Policy). We may suspend or close accounts that break these terms or don’t pay, and will give notice where reasonable so you can download your files. If we close your account, we will normally email you at least 30 days ahead so you can download your files, unless the law, or a security, abuse or illegal-content problem, requires us to act sooner.

11.Changes to these terms

If we make material changes we will update the date at the top of this page and email account holders before they take effect. Price changes follow the notice rules in Price changes, and you can cancel before a change applies to you. Continuing to use BrackIt after a change takes effect means you accept the new terms.

12.Governing law

These terms are governed by the laws of the State of Washington and applicable US federal law, without regard to conflict-of-laws rules.

If you have a problem, please contact us first at support@brackitphoto.com so we can try to sort it out. Otherwise, court cases about these terms or BrackIt go in the state or federal courts located in Washington, and you and we agree to those courts’ jurisdiction. Either of us can instead use small claims court for a claim that qualifies.

If you use BrackIt as a consumer, this section doesn’t take away any protection the law of the state where you live gives you that can’t be waived by contract, including any right to bring a claim in that state’s courts.

13.Contact

Questions about these terms: support@brackitphoto.com. Han Property Group LLC, Han Property Group LLC, 6012 S Cedar St Unit A, Tacoma, WA 98409.

Questions about this page? Email support@brackitphoto.com. Back to top