Terms of Service

PhotoToTour turns photographs you upload into short AI-generated video scenes and stitches them into a walkthrough-style film. Video generation is performed by third-party artificial-intelligence providers on our behalf. The Service is a tool for creating marketing media; it is not a substitute for viewing a property, and nothing in the Service constitutes legal, professional, appraisal, or real-estate advice.

You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of a brokerage, team, or other organization, you represent that you have authority to bind it to these Terms, and “you” includes that organization.

You are responsible for the accuracy of your account information, for keeping your password confidential, and for all activity that occurs under your account. Notify us immediately at alexanderhartigan3@gmail.com if you suspect unauthorized use. We may suspend or terminate accounts as described in Section 13.

The Service is prepaid: you buy credits, and credits are deducted when you generate a film (one credit per scene, disclosed before you confirm). By purchasing credits you agree that:

• Payments are processed by Stripe. We never receive or store your full card number. You agree to provide accurate billing information, including your billing address, which we record for tax-compliance purposes.
• Credits are a limited, non-exclusive, non-transferable license to use the Service. They are not money, have no cash value, cannot be resold or transferred between accounts, and are not redeemable for cash except where a refund is expressly provided by these Terms or required by law.
• Credits do not expire while the Service operates and your account is in good standing. If we permanently discontinue the Service, we will provide at least 30 days’ notice and refund the purchase price of your unused purchased credits, which is your sole remedy for discontinuation.
• Prices for future purchases may change at any time; changes never affect credits you already own. Applicable sales tax may be added where required.

If a generation fails, the credits it charged are refunded to your balance automatically — that credit refund is your sole and exclusive remedy for a failed generation. When a film generates successfully, its credits are consumed, because we incur real third-party generation costs the moment your film is created. Successful generations are not refundable on the basis of style, taste, or the inherent variability of AI output. Credit purchases are otherwise final and non-refundable except as expressly stated in these Terms or required by applicable law.

You keep ownership of the photos you upload (“User Content”). So that we can operate the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for example, crop), and transmit your User Content — including to our third-party AI and infrastructure providers — solely to provide and support the Service.

You represent and warrant, for every photo you upload, that:

• You own it or hold all rights and permissions needed to use it this way. Listing photos are frequently owned by the photographer who took them, not by the agent or the seller — it is your responsibility to confirm your license covers creating derivative video from them.
• You are authorized to market the property shown, and the photo does not violate any law or any third party’s rights, including copyright, privacy, and publicity rights.
• It contains no unlawful, infringing, deceptive, or harmful material and no identifiable private individuals who have not consented.

We do not review User Content before processing, and we may remove content or refuse service at our discretion, including when we believe content violates these Terms or the law.

Subject to these Terms and payment of the applicable credits, we grant you all of our right, title, and interest in the films the Service generates for you, and you may use them for any lawful purpose, including commercial marketing of the property shown.

You acknowledge that AI-generated video is imperfect. Films may contain visual artifacts, distorted geometry, altered lighting, or details that differ from the real property, and identical inputs can produce different results. The Service may also produce output similar to output generated for other users. You must review every film before publishing it, and you are solely responsible for everything you publish.

You are solely responsible for how you use generated films, including compliance with all laws, regulations, and rules that apply to you — such as fair-housing laws (including the U.S. Fair Housing Act), truth-in-advertising and consumer-protection laws, state real-estate licensing and advertising rules, MLS and brokerage policies, and any requirement to disclose that marketing media is AI-generated or digitally altered. Some MLSs and jurisdictions require such disclosure; it is your responsibility to determine whether that applies to you and to comply. PhotoToTour is not responsible for claims arising from your marketing or from any difference between a generated film and the real property.

Uploaded photos are stored temporarily and deleted from our systems automatically after processing. Finished films are stored privately for your account and are automatically and permanently deleted 30 days after creation (the current retention period is shown in the product). Download your films promptly; deletion is irreversible, and we are not liable for the deletion of expired content or of content removed when your account is terminated. You may delete films earlier at any time from your dashboard. The Service is a creation tool, not a backup or archival service.

You agree not to, and not to permit anyone else to:

• Use the Service for any unlawful, fraudulent, or deceptive purpose, including materially misrepresenting a property;
• Upload content you lack rights to, or content that is infringing, defamatory, obscene, or harmful;
• Probe, disrupt, overload, or interfere with the Service; upload malicious code; or access it by automated means (scraping, bots) without our written permission;
• Reverse engineer the Service, circumvent the credit system, usage limits, or any security measure, or share account credentials;
• Resell, sublicense, or white-label the Service without our written agreement;
• Use the Service or its output to develop or train a competing product or AI model.

The Service depends on third-party providers, including AI video-generation providers (whose servers may be located outside the United States), Stripe for payments, and cloud hosting and storage providers. Your User Content is shared with them only as needed to provide the Service, as described in our Privacy Policy. We are not responsible for the acts, omissions, or outages of third-party providers, though a generation that fails because of one is refunded under Section 4.

We may add, change, suspend, or remove features of the Service at any time, and we do not guarantee that the Service, or any film stored in it, will always be available. We may impose or adjust usage limits to protect the Service. Permanent discontinuation is handled as described in Section 3.

The Service — including its software, design, prompts, workflows, name, and branding — is owned by PhotoToTour and protected by intellectual-property laws. Except for the rights to your films granted in Section 6, no rights in the Service are transferred to you. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

We respect intellectual-property rights. If you believe content processed through the Service infringes your copyright, email alexanderhartigan3@gmail.com with the copyrighted work identified, the allegedly infringing material, your contact information, a good-faith statement that the use is unauthorized, and a statement under penalty of perjury that your notice is accurate and you are authorized to act. We may remove content and may terminate the accounts of repeat infringers.

You may stop using the Service or ask us to delete your account at any time. We may suspend or terminate your access immediately if you breach these Terms, if your use creates risk or possible legal exposure for us, or as required by law. If your account is terminated for breach, your remaining credits are forfeited without refund. If we close your account without cause, we will refund the purchase price of your unused purchased credits. Sections 4–6, 7, 11, and 14–19 survive termination.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY FILM WILL BE ACCURATE, FREE OF ARTIFACTS, OR FIT FOR ANY PARTICULAR USE; OR THAT STORED CONTENT WILL NOT BE LOST. YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) PHOTOTOTOUR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER IT ACCRUES OR IT IS PERMANENTLY BARRED.

You agree to defend, indemnify, and hold harmless PhotoToTourand its owner, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content, including any claim that a photo you uploaded infringes or misappropriates a third party’s rights; (b) your use or publication of generated films, including advertising, fair-housing, disclosure, or misrepresentation claims; (c) your breach of these Terms; or (d) your violation of any law or the rights of any third party. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate.

Please read this section carefully — it affects your rights.

Informal resolution first. Before filing any claim, you agree to email us at alexanderhartigan3@gmail.com with a description of the dispute and give us 30 days to resolve it. Most issues are fixed this way.

Arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final, binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. The arbitration will be held in the county where you reside, by video conference, or at another mutually agreed location; the arbitrator may award the same individual relief a court could. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

Class-action and jury waiver. ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND PHOTOTOTOUR EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Opt-out. You may opt out of this arbitration agreement by emailing alexanderhartigan3@gmail.com within 30 days of first accepting these Terms, stating your account email and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

These Terms and any dispute arising out of them are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws principles. For any dispute not subject to arbitration, you and PhotoToTour consent to the exclusive jurisdiction and venue of the state and federal courts located in California.

These Terms, together with the Privacy Policy, are the entire agreement between you and PhotoToTour regarding the Service. If any provision is held unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. We may update these Terms from time to time; if a change is material we will give notice (for example, by email or a notice in the Service) before it takes effect, and your continued use after the effective date constitutes acceptance.

Notice to California users:Under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions about these Terms: alexanderhartigan3@gmail.com.