Terms of Service
Last updated: January 10, 2025
1. Agreement to Terms
By accessing or using Best Virtual Tour Software for Real Estate ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
Our Service provides AI-powered tools for real estate professionals to create virtual tours, generate enhanced property photos, floor plans, and listing descriptions from video content. The Service includes:
- Video upload and processing
- AI-generated photo enhancement
- Automated floor plan generation
- AI-written property descriptions
- Virtual staging capabilities
- Export and download functionality
3. Account Registration
To use certain features of our Service, you must register for an account. When you register, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
You must be at least 18 years old to create an account and use our Service.
4. Acceptable Use
You agree NOT to use the Service to:
- Upload content you do not have the right to use or share
- Upload content that infringes on intellectual property rights
- Upload fraudulent, misleading, or deceptive property information
- Create listings for properties you are not authorized to market
- Violate any applicable laws or regulations
- Transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service or servers
- Use the Service for any illegal or unauthorized purpose
- Resell, redistribute, or sublicense the Service without permission
5. User Content
5.1 Your Content
You retain all rights to the content you upload ("User Content"), including videos, images, and property information. By uploading content, you grant us a limited license to process, store, and display your content solely for the purpose of providing the Service.
5.2 Content Responsibility
You are solely responsible for your User Content and the consequences of uploading it. You represent and warrant that:
- You own or have the necessary rights to use and authorize us to use your content
- Your content does not violate any third-party rights
- Your content complies with all applicable laws and regulations
- Property information you provide is accurate to the best of your knowledge
5.3 AI-Generated Content
Content generated by our AI (including enhanced photos, floor plans, and descriptions) is provided as a tool to assist you. You are responsible for reviewing and verifying all AI-generated content before use. AI-generated content may contain errors or inaccuracies.
6. Payments and Subscriptions
6.1 Pricing
Our Service offers both one-time purchases and subscription plans. Current pricing is displayed on our website and may be updated from time to time. All prices are in US Dollars unless otherwise stated.
6.2 Payment Processing
Payments are processed securely through Stripe. By making a purchase, you agree to Stripe's terms of service. We do not store your complete payment information on our servers.
6.3 Subscriptions
Subscription plans are billed monthly in advance. Your subscription will automatically renew unless you cancel before the renewal date. You can cancel your subscription at any time from your account dashboard.
6.4 Refunds
Due to the nature of digital services, refunds are generally not provided once content has been processed. However, we may offer refunds at our discretion in cases of:
- Technical failures preventing service delivery
- Duplicate charges
- Unauthorized transactions
Refund requests must be submitted within 7 days of the transaction.
6.5 Credits
Subscription credits are valid for the billing period in which they are issued. Unused credits may roll over to the next month at our discretion. Credits have no cash value and cannot be transferred or refunded.
7. Intellectual Property
7.1 Our Property
The Service, including its original content, features, and functionality, is owned by us and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2 License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your legitimate real estate business purposes, subject to these Terms.
7.3 Output Ownership
You own the rights to use the output generated from your User Content (enhanced images, floor plans, descriptions) for your real estate marketing purposes. You may use this output in MLS listings, marketing materials, and other legitimate business uses.
8. Disclaimers
8.1 Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 AI Accuracy
We do not warrant that AI-generated content will be accurate, complete, or error-free. Floor plans are approximations and should not be used for construction, legal, or official purposes. Property descriptions should be reviewed and verified before use.
8.3 Service Availability
We do not guarantee that the Service will be uninterrupted, secure, or error-free. We may modify, suspend, or discontinue the Service at any time without notice.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Best Virtual Tour Software for Real Estate and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any rights of another party
11. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use the Service will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last updated" date.
Your continued use of the Service after any changes indicates your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.
16. Contact Us
If you have questions about these Terms, please contact us:
- Email: legal@bestvirtualtoursoftwareforrealestate.com
- Website: www.bestvirtualtoursoftwareforrealestate.com