AI Output Schedule

This Schedule forms part of the ListingMate Subscription Agreement. It covers content the Platform generates with AI. The short version: the agency owns the content, the agency checks it before it goes out, and the agency is responsible for what it publishes.

1. How AI Output is made

1.1 The Platform uses AI models, including models supplied by the providers listed in Annex B of the Data Processing Schedule, to turn Customer Data (such as listing details, photos and brand settings) into AI Output.

1.2 AI models can produce content that is wrong, incomplete, out of date, or similar to content produced for other customers. AI Output is a draft until the Customer approves it.

2. Ownership

2.1 As between the parties, the Customer owns the AI Output generated for it. To the extent ListingMate holds any Intellectual Property Rights in that AI Output, ListingMate assigns them to the Customer when the AI Output is created.

2.2 The Customer acknowledges that under Australian law, copyright may not exist in content created without enough human authorship. ListingMate does not promise that AI Output is protected by copyright or that the Customer can stop others using similar content.

2.3 ListingMate keeps ownership of the Platform's templates, prompts, styles, layouts, motion designs and other building blocks used to make AI Output. The Customer may use them as part of its AI Output, but not separately from it.

2.4 Other customers may receive AI Output that is similar to the Customer's. That is not a breach of this Agreement.

3. Review before publishing

3.1 The Platform includes an approval step before content is published. The Customer must make sure an Authorised User with the right knowledge reviews each item of AI Output before approving it.

3.2 If the Customer turns on Autopilot or any other automatic publishing setting, it accepts that content will be published without that review, and it remains responsible for that content.

3.3 When reviewing, the Customer must check at least:

1. price, price guides and statements of value, including compliance with the underquoting rules in the Estate Agents Act 1980 (Vic) or the equivalent law where the property is located;
2. property facts such as land size, number of rooms, features, zoning, school zones, distances and views;
3. that edited, enhanced or virtually staged images do not misrepresent the property, and are labelled as edited or staged where that is required by law, industry codes or the platform's rules;
4. that the content does not discriminate against any person or group, including under the Equal Opportunity Act 2010 (Vic);
5. that the Customer has permission for any people, artwork or third-party material shown; and
6. that any required authorisation and disclosure statements are included.

4. Responsibility for published content

4.1 The Customer is the advertiser of any content it publishes using the Platform. It is responsible for that content being accurate and lawful, including under sections 18 and 29 of the Australian Consumer Law (misleading or deceptive conduct, and false or misleading representations).

4.2 ListingMate does not check whether AI Output is accurate or lawful, and does not give legal or compliance advice. Any compliance prompts or warnings in the Platform are aids only and do not replace the Customer's review.

4.3 Subject to the Non-excludable Rights, ListingMate does not warrant that AI Output is accurate, complete, original, or free from third-party rights.

5. What ListingMate will do

5.1 ListingMate will:

1. design the Platform to generate property facts from the Customer's listing data, rather than inventing them;
2. keep the approval step available on every plan;
3. keep a record of who approved each item and when, available to the Customer for at least 12 months;
4. use AI model providers whose terms give customers ownership of outputs and do not allow training on business data; and
5. fix reported problems with how the Platform generates content within a reasonable time.

5.2 If an AI model provider offers ListingMate an indemnity for third-party intellectual property claims about outputs, ListingMate will, where the provider's terms allow, use reasonable efforts to pass on the benefit of that indemnity for claims relating to the Customer's AI Output.

6. Complaints and takedowns

6.1 If either party receives a complaint that published AI Output is inaccurate, misleading, offensive or infringes someone's rights, it will tell the other party promptly.

6.2 The Customer must review the complaint and, if it is reasonably justified, correct or remove the content.

6.3 ListingMate may pause scheduled publishing of a specific item while a reasonable complaint is investigated, and will tell the Customer when it does.

7. AI disclosure

7.1 The Customer must follow the rules of each platform it publishes to about labelling AI-generated or AI-edited content, such as Meta's AI labelling rules.

7.2 Where the Platform offers an AI label setting, the Customer is responsible for choosing whether to use it, except where a platform or law requires a label.

8. Music and audio

8.1 Any music or audio supplied through the Platform is licensed only for use in the AI Output it is generated for, on the platforms the Platform publishes to. The Customer must not extract it or use it elsewhere.