Terms & Conditions

These Terms and Conditions (“Terms”) are a binding agreement between you and EK Enterprises, LLC, doing business as The Gig Agency (the “Company,” “we,” “us,” or “our”). “ListingCred” means the Company’s websites, applications, marketing workflow, creator-coordination, advertising, payment, communication, and related services (collectively, the “Services”).

If you use the Services for a brokerage, real estate team, property owner, agency, or other entity, you represent that you are authorized to bind that entity. “You” and “customer” include that entity.

You must be at least 18 years old and legally able to enter a contract. You agree to provide accurate information, maintain account security, promptly update material changes, and accept responsibility for activity under your account. You may not transfer an account without our written approval.

ListingCred coordinates content creation and, depending on the order, paid or organic promotion for real estate listings. Services may include matching customers with independent creators, facilitating property visits, collecting and delivering content, coordinating approvals, and placing or facilitating advertising through participating social-media accounts.

ListingCred is a marketing and workflow service. Unless expressly stated in a separate signed agreement, the Company is not a real estate broker, agent, multiple listing service, appraiser, lender, title company, inspector, escrow holder, or party to a real estate transaction. We do not guarantee showings, leads, offers, sales, audience size, advertising results, or content performance.

You represent and agree that:

• you are properly licensed where required and have authority from the owner, brokerage, or other rights holder to market the property and order the Services;
• all listing facts, prices, availability, claims, images, disclosures, and instructions you supply are accurate, current, lawful, and not misleading;
• the property may be accessed, recorded, photographed, and promoted as requested, and all required consents, permissions, safety instructions, and brokerage approvals have been obtained;
• you will secure personal belongings, confidential documents, alarm information, access codes, and occupants’ privacy before any creator visit;
• you will timely review deliverables and remain responsible for final factual, brokerage, legal, MLS, trademark, and fair-housing approval; and
• you will not request steering, discriminatory targeting, coded preferences, selective distribution, or content that violates fair-housing, advertising, privacy, intellectual-property, platform, or real-estate requirements.

Creators are independent service providers, not employees, agents, brokers, or representatives of the Company. Creator availability, style, equipment, and results vary. Customers must provide safe, lawful, scheduled access and disclose known hazards, occupants, animals, surveillance devices, restricted areas, and special instructions before a visit.

Creators may not provide brokerage advice, claim professional licensure they do not hold, make unsupported property claims, enter unauthorized areas, or record people without permission. We may replace a creator, reschedule, reject instructions, or suspend work when safety, legality, availability, or quality requires it. Creators who access ListingCred are governed by a separate Creator Agreement, including payout, tax, rights, release, warranty, and conduct terms.

The applicable order, package, or checkout page controls the number and general format of deliverables, visits, included revisions, advertising budget, and campaign duration. Unless otherwise stated, revisions are limited to reasonable edits within the original brief and exclude a new shoot, new concept, material property change, or correction of inaccurate customer-supplied information.

You have five business days after delivery to approve a deliverable or provide one consolidated set of revision requests, unless the order states a different review period. Approval confirms that the content is accurate, authorized, and ready for publication. If you do not respond within the applicable period, we may treat the deliverable as accepted, pause or close the project, and proceed as the order permits. Delay does not extend creator availability, third-party commitments, or campaign timing.

Each party retains ownership of materials it owned before the project. You grant the Company and participating creators a nonexclusive, worldwide, royalty-free license to use, reproduce, adapt, display, distribute, and transmit customer-supplied listing materials as reasonably necessary to perform, administer, document, and support the ordered Services.

Subject to full payment and order-specific restrictions, the Company grants you a nonexclusive license to use approved final deliverables to market the identified listing during its listing period and for 12 months afterward. You may retain those deliverables thereafter for internal records and non-promotional archival purposes. Raw footage, rejected concepts, templates, production methods, software, platform technology, and preexisting intellectual property are not transferred unless expressly agreed in writing.

The Company and creators may display only approved final deliverables as examples of work. You may opt out in writing before publication or at any later time. A later opt-out applies prospectively, and we will make commercially reasonable efforts to remove future Company-controlled portfolio displays; it cannot retract lawful prior distribution or third-party reposts outside our control. No party may use a person’s name, likeness, voice, or private information beyond the permissions obtained.

Where an order includes paid media, campaigns are subject to platform review, delivery systems, permissions, inventory, auctions, and policy changes. We may reasonably adjust placements, pacing, creative, geographic settings, or campaign configuration to improve delivery or comply with law and platform rules while remaining within the purchased budget and material scope.

Housing advertising must be properly designated under each platform’s then-current requirements, including Meta’s “Special Ad Category — Housing” where applicable. Age, gender, protected-class, ZIP-code, radius, exclusion, lookalike, retargeting, and other audience options may be prohibited, restricted, unavailable, or subject to minimum settings depending on the platform. We will not use an option when unlawful or disallowed. Platform rejection, restriction, technical failure, or underdelivery does not by itself establish breach. Any unused media amount is handled under the applicable order and Section 12.

All housing opportunities promoted through ListingCred must be offered and advertised on an equal-opportunity basis. You must comply with the federal Fair Housing Act and applicable state and local laws. You may not create, request, approve, target, suppress, or distribute a message indicating a preference, limitation, or discrimination based on a protected characteristic.

We may reject, revise, pause, or remove any listing, creative, instruction, or campaign that we reasonably believe presents a fair-housing or compliance risk. Our review does not shift your legal responsibility or constitute legal advice. The ListingCred Compliance & Fair Housing Policy available at listingcred.com/compliance is incorporated into these Terms.

Material relationships must be disclosed clearly and conspicuously. Customers and creators must use disclosures appropriate to the content and platform, such as “Paid partnership,” “Sponsored,” or “Ad,” when required. Platform tools do not replace a disclosure when the relationship would otherwise be unclear.

Prices, creator compensation, service fees, media budgets, taxes, and payment timing appear at checkout or in the applicable order. Unless expressly stated otherwise, payment is due before work or media placement begins. Third-party payment processors may apply their own terms. You authorize us and our processors to charge the selected payment method for approved amounts.

“Committed costs” means amounts the Company has become obligated to pay or cannot reasonably cancel after relying on your order, including booked creators, approved third-party production purchases, noncancelable platform or media placements, permits, and scheduled travel. Where applicable, media budgets are for third-party advertising and are separate from production and service fees. Taxes and government charges are your responsibility except taxes imposed on the Company’s net income. Unwarranted chargebacks may result in suspension and lawful collection activity.

Cancellation and refund eligibility depends on timing and committed costs. Unless an order states otherwise, fees and amounts already paid or committed to creators, approved travel, production, platforms, payment processing, or media are nonrefundable. Where applicable, uncommitted media may be refundable. Reshoots or refunds are unavailable for customer-supplied inaccuracies, access failures, property changes, delayed approval, or subjective preferences outside the approved brief.

If Services materially fail to conform to the order, the Company may provide a credit, replacement, re-performance, partial refund, or other reasonable remedy, as appropriate. If weather, safety, or another force-majeure event prevents performance, Section 20 controls.

You may not:

• violate a law, MLS rule, brokerage rule, platform policy, or third-party right;
• submit discriminatory, deceptive, defamatory, unsafe, obscene, infringing, or privacy-invasive material;
• misrepresent identity, licensing, authority, property facts, campaign performance, or creator affiliation;
• circumvent payments, interfere with the Services, scrape or reverse engineer the platform, introduce malware, or access data without authorization;
• harass creators, occupants, customers, personnel, or members of the public; or
• use Company content, creator content, or nonpublic Service data to train a model, build a competing dataset, or create a synthetic likeness without written permission.

The Company will not use customer-supplied listing content, private customer data, or project deliverables to train a generalized artificial-intelligence model without the customer’s express consent. We may use service data to operate, secure, support, and improve the Services as described in the Privacy Policy, including through vendors acting on our instructions.

The Services may rely on payment processors, hosting providers, social platforms, maps, communications tools, analytics providers, and other third parties. Their services and terms are outside our control. The Company is not responsible for third-party outages, policy decisions, account actions, moderation, data practices, or acts and omissions, except to the extent applicable law provides otherwise.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCEPTED BY A PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OWNERS, PERSONNEL, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITY, LOST DATA, REPUTATIONAL HARM, PROPERTY-TRANSACTION OUTCOMES, OR ADVERTISING UNDERPERFORMANCE.

EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO A CLAIM WILL NOT EXCEED THE GREATER OF (A) SERVICE FEES YOU PAID TO THE COMPANY FOR THE ORDER GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT OR (B) $100. THIRD-PARTY MEDIA BUDGETS ARE NOT SERVICE FEES AND DO NOT INCREASE THAT CAP. HOWEVER, FOR A CLAIM BASED SOLELY ON OUR FAILURE TO APPLY OR RETURN AN IDENTIFIABLE PORTION OF YOUR MEDIA BUDGET AS REQUIRED BY THE ORDER, OUR LIABILITY MAY ALSO INCLUDE THAT UNAPPLIED OR UNRETURNED PORTION.

You will defend, indemnify, and hold harmless the Company and its affiliates, owners, personnel, and contractors from claims, losses, liabilities, penalties, and reasonable legal fees arising from your listing, property access, supplied materials, instructions, approvals, advertising, breach of these Terms, violation of law or platform policy, or infringement of another person’s rights, except to the extent caused by the Company’s gross negligence or willful misconduct.

We may suspend, limit, or terminate access, cancel a project, or remove content when reasonably necessary for nonpayment, safety, suspected fraud, legal or platform compliance, misuse, or material breach. Provisions that by their nature should survive will survive, including payment, granted content rights, disclaimers, limitations, indemnification, and dispute terms.

These Terms are governed by California law, without regard to conflict-of-law principles. Before filing a claim, each party will provide written notice describing the dispute and allow 30 days for good-faith informal resolution. Unless applicable law requires otherwise, any court proceeding must be brought exclusively in the state or federal courts serving Orange County, California, and each party consents to their personal jurisdiction and venue.

Notwithstanding the foregoing, either party may seek emergency, temporary, or injunctive relief when reasonably necessary to prevent immediate or irreparable harm without first completing the 30-day informal-resolution period.

Neither party is liable for delay or failure caused by events beyond its reasonable control, including severe weather, wildfire, natural disaster, epidemic, governmental action, labor disruption, utility or internet failure, platform outage, venue or property inaccessibility, civil disturbance, or similar event. The affected party will use commercially reasonable efforts to mitigate the impact. Payment obligations already due and committed costs remain payable. If the event materially prevents performance, the Company may reschedule, substitute a reasonably comparable service, provide a credit, or refund uncommitted amounts.

You consent to receive agreements, receipts, approvals, account notices, project updates, and other transactional communications electronically at the email address or other contact information associated with your account. Electronic communications satisfy any legal requirement that a communication be in writing, to the extent permitted by law.

If you separately opt in to SMS, you consent to receive the categories of messages described at opt-in. Consent to marketing texts is not a condition of purchase. Message and data rates may apply. You may revoke SMS consent using any reasonable method made available, including replying STOP when supported. SMS frequency, sender identity, and additional disclosures will be provided at opt-in or in applicable program terms.

If you voluntarily provide ideas, suggestions, or feedback about the Services, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use and incorporate that feedback without restriction or compensation. This does not grant rights in your listing content, personal information, or project deliverables.

If you believe material available through the Services infringes your copyright, send a written complaint to legal@listingcred.com identifying the copyrighted work, the allegedly infringing material and its location, your contact information, a good-faith statement, a statement under penalty of perjury that the information is accurate and you are authorized to act, and your physical or electronic signature. If the Company designates a DMCA agent with the U.S. Copyright Office, the agent information published by the Company and the Copyright Office directory will control.

Notices to the Company must be sent to legal@listingcred.com or by nationally recognized overnight courier or certified U.S. mail to the address below. Email notice is effective when sent unless the sender receives a delivery-failure notice; mailed notice is effective upon documented delivery. We may send notices to the email or mailing address associated with your account, and you are responsible for keeping that information current. Notices of dispute under Section 19 must include the sender’s name, account information, a description of the claim, supporting facts, and requested resolution.

We may update these Terms prospectively. The effective date above identifies the current version. Material changes will be communicated as required by law. If a provision is unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will continue. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, financing, merger, acquisition, or sale of assets.

These Terms, the applicable order or checkout terms, the ListingCred Privacy Policy at listingcred.com/privacy, the ListingCred Compliance & Fair Housing Policy at listingcred.com/compliance, and any other policy expressly identified in an order constitute the entire agreement concerning the Services unless a signed agreement states otherwise. If there is a conflict, a signed agreement controls, followed by the order, these Terms, and then incorporated policies.

EK Enterprises, LLC d/b/a The Gig Agency
Attn: Alan Edgett
806 Avenida Pico, Suite #508
San Clemente, CA 92673
Email: legal@listingcred.com
Website: https://listingcred.com