Terms of Service
Last updated: October 1, 2025Terms of Service
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Robert Michalak conducting business as nestd.ai ("nestd.ai", "we", "us", or "our"), located in Izabelin C, Poland, concerning your access to and use of the nestd.ai platform and services available at nestd.ai (the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Description of Service
nestd.ai is an AI-powered platform for real estate content generation and property marketing optimization. Our initial service includes generating property descriptions based on uploaded images and textual input provided by users. Additional features and functionalities may be added over time.
3. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.
4. Account Registration
To use the Service, you must create an account by providing accurate and complete information, including your name and email address. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
5. User Content and Data
5.1 Content You Provide
You may upload images, property details, location information, and other data ("User Content") to generate property descriptions. You represent and warrant that:
- You own or have the necessary rights to all User Content
- Your User Content does not violate any laws, regulations, or third-party rights
- Your User Content does not contain personal information of individuals without proper consent
We store your User Content, including uploaded images and generated descriptions, to provide and improve the Service. We may process your data using third-party AI services, which may include transferring data internationally as described in our Privacy Policy.
5.3 Prohibited ContentYou may not use the Service to create or distribute content that:
- Is illegal, fraudulent, or misleading
- Violates fair housing laws or promotes discrimination based on race, color, religion, sex, disability, familial status, national origin, or any other protected characteristic
- Infringes upon intellectual property rights, including trademarks or copyrights
- Contains false or deceptive information about properties
- Includes malware, viruses, or other harmful code
- Contains images of people with visible faces or other personally identifiable features (property images should show empty spaces only)
- Includes personal belongings, documents, or information that could identify individuals
6. Intellectual Property Rights
6.1 Ownership of Generated ContentYou retain ownership of all AI-generated descriptions and content created through the Service ("Generated Content"). However, by using the Service, you grant nestd.ai a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your Generated Content and User Content for the following purposes:
- Marketing and promotional materials
- Service improvement and training
- Showcasing platform capabilities
You may use Generated Content for any lawful commercial purpose, including publishing on booking platforms, websites, and marketing materials.
6.3 Our Intellectual PropertyThe Service, including its software, design, trademarks, and underlying technology, is owned by nestd.ai and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.7. Payment Terms
7.1 Pricing Models
We offer the following pricing options:
- Pay-per-description: Pay for individual property descriptions as needed
- Monthly packages: Subscribe to packages including a specific number of descriptions per month
Current pricing is available on our website and may be modified with reasonable notice.
7.2 Payment ProcessingPayments are processed through Stripe. By providing payment information, you authorize us to charge the applicable fees to your chosen payment method.
7.3 Billing- Pay-per-description charges are processed immediately upon generation
- Monthly package fees are billed at the beginning of each billing cycle
- All fees are stated in USD or other specified currency
- For customers in the European Union: prices displayed include applicable VAT unless you provide a valid VAT identification number for B2B transactions
- For customers outside the EU: prices exclude local taxes, which may be added at checkout
You are responsible for all applicable taxes associated with your use of the Service. For EU customers, VAT is included in displayed prices for consumer transactions. Business customers with valid VAT identification numbers will be charged excluding VAT in accordance with the reverse charge mechanism.
8. Refunds and Credits
8.1 Credit-Based Satisfaction Guarantee
If you are unsatisfied with Generated Content quality, we offer credits for regeneration rather than monetary refunds:
- You may request credits to regenerate content for any property
- Credit requests must be made within 7 days of generation
- Credits are limited to reasonable usage as determined by nestd.ai
- Abuse of the credit system may result in account suspension
If the Service fails to generate content due to technical issues on our end, we will provide appropriate credits or refunds at our discretion.
8.3 No Refund ScenariosNo refunds or credits will be provided for:
- User error or misunderstanding of Service capabilities
- Changes in user requirements after content generation
- Unused monthly package descriptions (non-refundable)
9. Usage Limits and Restrictions
9.1 Fair Use
Your usage is subject to the limits of your chosen pricing tier. We reserve the right to suspend service for:
- Exceeding reasonable usage patterns
- Automated or bot-driven usage without authorization
- Activities that compromise Service performance or security
We strive for high availability but do not guarantee uninterrupted access. We may suspend the Service for maintenance, updates, or unforeseen circumstances.
10. AI-Generated Content Disclaimer
10.1 Nature of AI Content
Generated Content is produced by artificial intelligence and may contain errors, inaccuracies, or inappropriate content. You are responsible for:
- Reviewing all Generated Content before use
- Ensuring accuracy and compliance with applicable laws
- Making any necessary edits or corrections
We do not warrant that Generated Content will be accurate, complete, suitable for your purposes, or free from errors. Generated Content is provided "as-is."
11. Limitation of Liability
To the maximum extent permitted by law:
- nestd.ai shall not be liable for any indirect, incidental, consequential, or punitive damages
- Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim
- We are not liable for damages resulting from your use or inability to use the Service, errors in Generated Content, or third-party actions
12. Indemnification
You agree to indemnify and hold harmless nestd.ai from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Service
- Your User Content or Generated Content
- Your violation of these Terms or applicable laws
- Your infringement of third-party rights
13. Termination
13.1 By YouYou may terminate your account at any time by contacting us at legal@nestd.ai. Termination does not entitle you to refunds for unused services.13.2 By Us
We may suspend or terminate your account immediately if:
- You violate these Terms
- Your use harms the Service or other users
- Required by law or regulatory authority
- You engage in fraudulent or abusive behavior
Upon termination:
- Your right to use the Service ceases immediately
- We may delete your User Content and account data
- Provisions that should survive termination (including ownership, liability, and dispute resolution) remain in effect
14. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use after changes constitutes acceptance. If you disagree with changes, you must stop using the Service.
15. Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of Poland, without regard to conflict of law principles.
15.2 JurisdictionAny disputes shall be resolved in the courts of Poland. However, we may seek injunctive relief in any jurisdiction.
15.3 Informal ResolutionBefore filing any legal action, you agree to attempt to resolve disputes informally by contacting us at legal@nestd.ai.16. General Provisions
16.1 Entire AgreementThese Terms, together with our Privacy Policy, constitute the entire agreement between you and nestd.ai.16.2 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
16.3 No WaiverOur failure to enforce any right or provision does not constitute a waiver.
16.4 AssignmentYou may not assign these Terms without our consent. We may assign our rights and obligations without restriction.
16.5 Force MajeureWe are not liable for delays or failures due to circumstances beyond our reasonable control.
17. Contact Information
For questions about these Terms, please contact us at:
By using nestd.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.