Terms of Service
Crying Out Loud | Agentools · ABN 23 916 263 148
Last updated: 28 October 2026 · Version 1.1
1. About these terms
1.1 These terms are an agreement between you and the business trading as Crying Out Loud and Agentools (ABN 23 916 263 148) (“we“, “us“, “Agentools” or “Crying Out Loud“). They govern your use of the Agentools HDR Photo app (previously HDR Photo App), the Agentools Floor Plan app (previously COL Plans) and the related ordering, processing, delivery and support services (together, the “Service“).
1.2 By creating an account, or by ticking “I agree”, you accept these terms. If you use the Service for an agency or other business, you confirm that you are authorised to accept these terms on its behalf, and both you and that business are bound by them.
1.3 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. If any part of these terms appears to do so, that part does not apply to the extent of the conflict.
2. Who can use the Service
2.1 The Service is designed for real estate professionals photographing property for sale, lease or marketing. You must be at least 18 years old and able to enter a binding contract.
2.2 You are responsible for keeping your sign-in details secure and for all activity on your account. If you share a login with others in your agency, everything ordered through that login is treated as ordered by the account holder. Tell us promptly at support@agentools.com.au if you believe your account has been used without permission.
2.3 The information you give us (name, email, billing details, property addresses) must be accurate and kept up to date.
3. The Service
3.1 The app guides you to capture bracketed photos on your iPhone. When you order, the photos are uploaded and processed into finished images. Processing uses automated and artificial intelligence (AI) tools, some run by third-party suppliers. Finished images are delivered to your project and to the delivery locations we provide.
3.2 Results depend on your capture. Image quality depends on the scene, lighting, device, stability and the photos you supply. AI processing can produce artefacts, inaccuracies or unexpected changes. We supply the Service with due care and skill, but we do not promise that every image will meet a particular aesthetic standard or suit every purpose. Please check every image before you use it.
3.3 Turnaround times shown in the app are estimates, not guarantees. We will tell you if an order is significantly delayed.
3.4 Floor plans. Floor plans produced through Agentools Floor Plan are drawn from your device’s scan and are indicative only. They are not survey-accurate and must not be relied on for legal, contractual or valuation purposes. Measurements and areas are approximate.
3.5 We may improve, change or withdraw features from time to time. If we withdraw a feature you have already paid for and not yet received, we will refund you for that feature.
4. Prices, payment and invoices
4.1 Prices. Prices are shown in the app in Australian dollars and include GST. The price shown when you place an order is the price you pay for that order. Price changes apply only to orders placed after the change.
4.2 Pay as you go. Your saved card is charged when you place an order. We email a receipt for each order and one itemised tax invoice per month.
4.3 Account (monthly billing). If we enable Account billing for you or your agency:
(a) the nominated payer is responsible for paying for all orders placed under that account, including orders placed by agents linked to it;
(b) orders are added to a running total and charged to the payer’s saved card on the billing day;
(c) if an order takes the running total to or above the monthly cap, everything outstanding is invoiced and charged immediately, and the total restarts;
(d) the payer must keep a valid card on file and tell us promptly if an agent should no longer order on the account;
(e) we may put ordering on hold if a payment fails, the account details are incomplete, or we reasonably suspect misuse. We will tell you why and how to resolve it.
4.4 Failed payments. If a payment fails, we may pause new orders and delivery of unpaid work until payment is made. We will not charge late fees unless they are agreed in writing.
4.5 Payment processing. Card payments are processed by a secure third-party payment provider. We do not store your full card number.
5. Refunds and problems with an order
5.1 Automatic refunds. If a paid add-on (for example Day to Dusk, Virtual Staging or an Edit Request) fails, times out, or comes back with no visible change, we refund that item automatically and let you know. You do not need to ask.
5.2 Other problems. If you believe an image has not been supplied with due care and skill, contact us within 14 days of delivery with the image name and a description of the problem. We will, at our option and as permitted by law, re-process the image, supply it again, or refund the amount paid for it. This does not limit your rights under the Australian Consumer Law, including your rights where a failure is major.
5.3 We do not offer refunds for a change of mind, or for problems caused by the photos you supplied (for example blur, missing exposures or obstructions). We will still help where we reasonably can.
5.4 Please contact us before raising a chargeback with your bank. That way we can resolve the issue quickly.
6. Your photos and content
6.1 You own your content. As between you and us, you keep all rights in the photos, notes, markups, scans and other material you upload (“Your Content“). Subject to payment, you also own the finished images we deliver to you.
6.2 Licence to us. You give us, and the suppliers we use to provide the Service, a non-exclusive, worldwide, royalty-free licence to store, copy, process, edit and deliver Your Content. This licence covers only what is needed to provide, support and secure the Service. We will not use Your Content to advertise our business without your permission.
6.3 Your promises. You confirm that:
(a) you have the right to photograph the property and to upload Your Content, including any consent required from the owner, vendor, landlord or occupant;
(b) you will avoid capturing people, identity documents, personal papers, security systems or other sensitive material where reasonably possible, and you have any consent the law requires if you do capture them;
(c) Your Content does not infringe anyone’s rights and is not unlawful.
6.4 Third-party processing. We use carefully selected technology providers to deliver the Service, including cloud hosting, file storage, payment and artificial intelligence (AI) providers. Some are located outside Australia, including in the United States. These providers handle Your Content under their own terms. They may retain Your Content and may use it to operate, develop and improve their services, including to train AI models. By using features that rely on these providers, you agree to this, and you confirm you have any consent needed from others shown in Your Content. Our Privacy Policy explains how personal information is handled.
7. Edited and AI-altered images: your responsibility when publishing
7.1 Some features change what a photo shows. Examples are Virtual Staging (adds furniture), Day to Dusk (changes sky and lighting), sky replacement, lawn enhancement, decluttering, object removal and Edit Requests.
7.2 You are responsible for how you use delivered images. Before you publish an image, you must make sure it is not misleading and complies with all advertising, real estate, fair trading and consumer laws that apply to you. In particular you must:
(a) clearly disclose where an image has been virtually staged or digitally altered, as required by law or industry guidance;
(b) not use editing to hide or misrepresent defects, damage, permanent features, views, boundaries or surroundings;
(c) check every image for accuracy before it is published.
7.3 We do not check images for advertising compliance, and we do not know how you intend to use them.
8. Acceptable use
You must not:
(a) use the Service for anything unlawful, deceptive or harmful;
(b) upload content you have no right to use, or content that is offensive, defamatory or exploitative;
(c) try to access other users’ data, reverse engineer the apps, interfere with the Service or get around payment or security controls;
(d) resell the Service, or access it by automated means, without our written agreement.
9. Storage, deletion and keeping your own copies
9.1 The Service is not a backup or archive service. Keep your own copies of all finished images you need.
9.2 Deleting a bracket set or project in the app is immediate and permanent. We cannot recover it.
9.3 Edit Requests and add-ons can be ordered only within the window shown in the app (currently about 7 days from the shoot). After that, our supplier archives the source files.
9.4 We keep delivered files while your account is active and for up to 12 months after it closes, and account and payment records for as long as the law requires. After that we may delete them. We will give you reasonable notice before deleting delivered files in bulk.
10. Third-party services
The Service relies on third-party services, including app distribution, cloud hosting, file storage, payment and AI providers. Their availability is outside our control. We are not responsible for the third parties’ own acts or omissions, except to the extent we caused or contributed to the loss.
11. Availability
We aim to keep the Service available and secure, but it may be interrupted for maintenance, updates, supplier outages or events outside our reasonable control. Where we can, we will give notice of planned downtime.
12. Our liability
12.1 Consumer guarantees. Where the Australian Consumer Law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again. This applies except where the services are of a kind ordinarily acquired for personal, domestic or household use.
12.2 Indirect loss. To the extent permitted by law, neither party is liable to the other for any indirect or consequential loss. Lost profits, lost commission, lost sales, delayed campaigns and lost opportunity are examples of such loss.
12.3 Cap. To the extent permitted by law, our total liability to you arising from or connected with the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim.
12.4 Exceptions. Clauses 12.2 and 12.3 do not limit liability for fraud, wilful misconduct, personal injury or death caused by negligence, or anything else that cannot be limited by law.
12.5 Contribution. Our liability is reduced to the extent that your acts or omissions, or a breach of these terms by you, contributed to the loss. Using an image without checking it, or without making a disclosure required under clause 7, are examples.
13. Indemnity
You indemnify us against any third-party claim, and against reasonable costs (including legal costs), to the extent they arise from:
(a) Your Content infringing someone’s rights, or being uploaded without a required consent;
(b) your publication or use of delivered images in breach of clause 7; or
(c) your breach of clause 8.
This indemnity is reduced to the extent that the claim was caused by our own breach, negligence or misconduct.
14. Suspension and ending
14.1 You can stop using the Service at any time and delete your account in the app (Settings › Account › Delete Account) or by emailing support@agentools.com.au. Amounts already owed remain payable.
14.2 We may suspend or close your account if you materially breach these terms and do not fix the breach within 14 days of notice. We may act immediately where there is non-payment, fraud, illegal activity or a risk to the Service or other users. Where reasonable, we will give you the chance to download your finished images first.
14.3 Clauses 6.1, 7, 12, 13 and 18 continue after these terms end.
15. Privacy
Our Privacy Policy (agentools.com.au/privacy-policy/) explains how we collect, use, store and disclose personal information. This includes information captured in photos and information shared with overseas suppliers.
16. Changes to these terms
We may update these terms to reflect changes to the Service, the law or our suppliers. We will give you at least 14 days’ notice of any material change by email or in the app. You will be asked to accept the new terms before your next order. If you do not agree, you can stop using the Service before the change takes effect, and we will refund any amount paid for services not yet supplied. Changes never apply to orders already placed.
17. Apple App Store terms
If you downloaded an app from the Apple App Store:
(a) these terms are between you and us, not Apple. Apple is not responsible for the app or its content;
(b) Apple has no obligation to provide maintenance or support for the app;
(c) if the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app (if any). To the extent permitted by law, Apple has no other warranty obligation;
(d) Apple is not responsible for any claims relating to the app, including product liability, legal or regulatory compliance, or consumer protection claims;
(e) Apple is not responsible for investigating or defending any claim that the app infringes a third party’s intellectual property rights;
(f) you confirm that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties;
(g) you must comply with any applicable third-party terms when using the app;
(h) Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
18. Disputes and governing law
18.1 If a dispute arises, please contact us first. We will both try in good faith to resolve it within 30 days before starting formal proceedings. Urgent injunctive relief is the exception.
18.2 These terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of its courts.
18.3 If any part of these terms is unenforceable, it is read down or severed, and the rest continues to apply. If we do not enforce a right immediately, we have not waived it.
19. Contact
Crying Out Loud | Agentools · ABN 23 916 263 148
App support: support@agentools.com.au
General: office@cryingoutloud.com.au