These Terms of Use ("Terms") are a binding agreement between you and DE BARY LLC, a Texas limited liability company located in Austin, Texas ("PropTales", "we", "us"). They govern your use of the PropTales service at proptales.us, at any subdomain or partner domain we operate, and of any content you create with it.
By creating an account, redeeming a credit, or publishing a Story, you accept these Terms. If you are using PropTales on behalf of a brokerage or employer, you confirm that you are authorised to bind that organisation.
PropTales turns property information and photographs that you supply into an editorial web page about that property (a "Story"). Stories may include text generated with the help of artificial intelligence, stock video clips from our library, a facts sheet, a map, an optional 3D tour, and a lead capture form.
PropTales is a publishing tool. We are not a real estate brokerage, we do not provide real estate, legal, appraisal or advertising compliance advice, and we do not review the accuracy of what you publish. You remain the advertiser and you remain responsible for your listings.
Access to PropTales works through an access token issued to you, in the form
pt_ followed by a random string. The token is your identity. Anyone holding your
token can act as you.
Free. You may create Stories on the free tier. Free Stories show a limited number of sections, carry PropTales branding, do not emit structured data for search engines, and do not include video or 3D tour features. Your content is not deleted when a limit applies; only what is displayed is limited.
Pro. A Pro credit unlocks the full Story for one property address. A credit is a licence tied to an address, not a subscription and not a seat. Once a credit is redeemed and bound to an address, it cannot be moved to a different address.
We may change prices, run promotions, and change what each plan includes. Changes apply to future purchases. They do not retroactively affect a credit you have already redeemed.
Payments are processed by Stripe. We do not receive or store your full card details. Prices are in US dollars and exclusive of any taxes that may apply to you.
Refund policy.
If you believe a charge is wrong, contact us first. Filing a chargeback without contacting us may result in suspension of your account while the dispute is resolved.
We work with partners who may refer you to PropTales. A partner code or referral link may entitle you to a discount on the price then in effect. The discount is applied at checkout to the current effective price, including any promotion running at the time, and not to any historical list price.
Partners are independent. A partner is not our agent, cannot make commitments on our behalf, and does not provide the service. Your contract for the service is with us.
You keep ownership of everything you upload: photographs, video, floor plans, property descriptions, your logo and your brand assets ("Your Content"). You grant us a non-exclusive, worldwide, royalty-free licence to host, process, adapt, display and deliver Your Content for the purpose of operating the service and producing your Story, including delivering it to your website if you use the embed or export features.
You represent and warrant that you hold all necessary rights in Your Content. Real estate photography is usually licensed to a listing agent for a specific purpose and a specific term, and is often owned by the photographer or the brokerage rather than by you. It is your responsibility, not ours, to confirm that you may publish each photograph through PropTales and, where applicable, on a third party website.
You agree to indemnify and hold DE BARY LLC harmless against any claim arising from Your Content, including claims of copyright infringement, misuse of property images, and claims by a brokerage, MLS, photographer or property owner.
We may remove content that we reasonably believe infringes third party rights. Our copyright policy and designated agent details are in our Privacy Policy.
Stories may contain imagery and video that was generated by artificial intelligence or taken from a stock library. This material is illustrative. It does not depict the advertised property.
Concretely:
You must review every Story before you publish it and correct anything that could mislead a consumer about the property, the neighbourhood, the schools, the condition, the measurements or the price. Advertising rules in your state, your MLS rules and your brokerage policies apply to you, and several jurisdictions require disclosure of AI-generated or AI-altered imagery in real estate advertising. Complying with those rules is your responsibility. Do not remove or obscure the AI disclosure we place in the Story.
PropTales includes an automated check that flags wording commonly associated with Fair Housing problems. That check is an aid, not a guarantee, and it is not a legal review. It can miss problems and it can flag harmless wording.
You remain solely responsible for compliance with the Fair Housing Act, state and local fair housing law, MLS rules, brokerage policy and applicable advertising regulation. You must not publish content through PropTales that expresses a preference, limitation or discrimination based on race, colour, religion, sex, disability, familial status, national origin or any other protected characteristic.
You agree not to:
We aim to keep PropTales available, but we do not promise uninterrupted service under these Terms. Where we have agreed a specific service level with you in a separate signed agreement, that agreement governs and prevails over this section.
Archiving of inactive Stories. A published Story is intended to support an active listing. We reserve the right to archive a Story that has received no genuine human visit for three consecutive months. Automated traffic such as search engine crawlers, link previewers and monitoring tools does not count as a visit.
What archiving means in practice:
We also reserve the right to delete data permanently after an account has been closed, subject to the retention periods in our Privacy Policy.
PropTales, its software, templates, layouts, stock clip library, design and the PropTales name belong to DE BARY LLC. Nothing in these Terms transfers ownership to you. You receive a limited, non-exclusive, non-transferable right to use the service and to publish the Stories you create for the properties you are authorised to advertise.
Stock clips supplied by us may be used only as part of a Story generated by PropTales, including its embed and export forms. They may not be extracted and reused as standalone assets.
PropTales relies on third parties to operate, including payment processing, email delivery, content delivery, storage and AI providers. They are listed in our Privacy Policy. Their availability and their terms are outside our control.
The service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the service will be uninterrupted, error free, or that AI-generated output will be accurate, complete or suitable for your purpose.
To the maximum extent permitted by law, DE BARY LLC will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost listings, lost commissions, lost data or reputational harm.
Our total aggregate liability arising out of or relating to the service is limited to the greater of one hundred US dollars or the amount you paid us in the twelve months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations. In that case the limitations apply to the fullest extent permitted.
You agree to defend, indemnify and hold harmless DE BARY LLC, its members, officers and contractors from any claim, damage, loss or expense, including reasonable legal fees, arising out of Your Content, your Stories, your use of the service, your breach of these Terms, or your violation of any law or third party right.
You may stop using PropTales at any time. We may suspend or terminate access if you breach these Terms, if we are required to by law, or if your use creates a risk for us or for other users. Where practical we will tell you first. Sections that by their nature should survive termination will survive, including sections 6, 7, 8, 13, 14, 15 and 17.
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. You and DE BARY LLC agree to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and each of us waives any objection to venue there.
We may update these Terms. We will change the effective date at the top and, for material changes, we will make a reasonable effort to notify account holders by email. Continuing to use the service after a change means you accept the updated Terms.
DE BARY LLC
Austin, Texas, United States
info@proptales.us
DE BARY LLC has designated an agent to receive notifications of claimed copyright infringement under the Digital Millennium Copyright Act.
Designated Agent: Marc de Bary
DE BARY LLC
4629 Hoffman Drive
Austin, TX 78749
United States
Email: dmca@debary.us
Phone: +1 512 817 8403
DE BARY LLC is registered with the U.S. Copyright Office under registration number DMCA-1078786. The public directory entry is available at https://www.copyright.gov/dmca-directory/
A valid notice must include the elements listed in 17 U.S.C. 512(c)(3), including identification of the copyrighted work, the material to be removed and its location, your contact information, a statement of good faith belief, a statement that the information is accurate, and your physical or electronic signature. Misrepresentations may result in liability under 17 U.S.C. 512(f).
Counter notifications may be sent to the same address.