Terms and Conditions
1 Scope and business customers
These terms apply to TourSmith’s free previews and paid video services. “TourSmith,” “we,” and “us” mean the operator identified above. “You” means the person or business requesting the service. Our service is intended for real estate agents, brokerages, and other customers acting for business purposes. If you act for an organization, you confirm that you have authority to bind it. Any mandatory rights that apply despite this business context remain unaffected.
2 How an order is agreed
A preview request does not place a paid order. After the preview, we provide an order summary identifying the customer, property, agreed spaces, package, files, price, payment timing, delivery estimate, and any special requirements. A paid contract begins when you expressly accept that summary and these terms by email or through the acceptance step provided. An automated receipt of an inquiry is not acceptance of a paid order.
The order summary prevails over these terms only where it expressly agrees a different provision. Changes to scope, fees, or deadlines require both parties’ agreement in writing, including email. New website prices do not change an existing order.
3 Free previews
The preview is free and carries no obligation to buy. Its length and selected spaces are confirmed before production. We may decline a request if the photographs are unsuitable, necessary permissions are missing, or capacity is unavailable. A preview may contain a watermark and is supplied for private evaluation only. You may share it privately with the property owner or brokerage for that purpose, but may not publish it, use it in advertising, or remove its watermark without our written permission. Declining a paid order does not create a charge for the preview.
4 Your materials and permissions
You confirm that you have the rights and permissions needed for all photographs, footage, logos, headshots, text, music, and other materials you supply, including permissions from photographers and identifiable people where required. Those permissions must cover modification, the AI processing described in this section, and the intended publication. A photograph being publicly accessible on a listing website does not by itself grant those rights.
You retain your existing rights in your materials and grant us a worldwide, royalty-free license to copy, edit, process, and share them with our service providers as needed to provide the service, and to use them as described in section 14.
AI providers. You authorize us to process your materials with the AI generation providers we use, currently Higgsfield Inc. (United States). You acknowledge and agree that those providers’ own terms may allow them to use uploaded content and generated output to operate, train, and improve their services, and you confirm that your rights and permissions cover these uses.
Provide accurate property and contact information, retain copies of originals, and tell us about any restrictions before work starts. We may request evidence of permission or refuse materials we reasonably believe cannot lawfully be used.
5 What the service includes
We create walkthrough-style videos from existing property photographs using AI generation and human editing. The video presents selected spaces as an edited sequence; it is not on-site filming, a measured floor plan, a survey, or a verified continuous route through the property.
The order summary controls the number of spaces, duration, resolution, aspect ratios, branding, music, and delivered files. A space means a room, exterior area, or amenity specifically listed in that summary, and amenities count toward the number of spaces in your package. Multiple photographs of one space do not automatically create additional spaces or shots. Source quality can limit the result; we will flag unsuitable material and agree alternatives rather than silently reduce the agreed scope.
Editable project files, raw generations, standalone music files, on-site work, uploading to your accounts, and ongoing hosting are not included unless the order says otherwise. We apply reasonable care and skill in producing and reviewing the agreed work.
6 Music tailored to the listing
Where music is included, we create or source a soundtrack to suit the listing and edit. This may involve AI-generated music selected and edited for the project. “Custom” or “personalized” describes that tailoring; it does not promise an exclusive composition, human-only composition, or copyright registration.
We will use music with permissions sufficient for the uses agreed in the order and disclose any material restrictions before you commit. You may use included music within the delivered video as authorized in section 12. Standalone distribution, resale, or registration in automated rights-enforcement systems such as Content ID is not included. We do not guarantee that a platform will never issue an automated claim. If that happens, notify us with the claim details so we can investigate and, where necessary, supply a permitted replacement soundtrack without an additional production charge. This is your sole remedy for music claims.
7 Prices and payment
Prices are in US dollars unless stated otherwise. The order summary shows the total charge, including any tax we are required to collect and any agreed extras. We do not add production charges without your approval. Your bank or card issuer may separately charge currency conversion or other fees.
Unless the order summary states otherwise, once you accept the paid order we send an invoice by email through Stripe, and full production begins when payment is received. Fees are non-refundable except as stated in sections 10 and 11. Requesting a free preview never authorizes a charge or subscription.
8 Delivery and delays
We deliver the video within two business days after payment is received, provided we have all required photographs, permissions, and project details by then. “Business days” are Monday to Friday, excluding public holidays at our Swiss business location. Your review time and any revisions follow delivery and are not part of this period.
We confirm any essential deadline in the order. Missing inputs, requested changes, or events beyond reasonable control may affect timing; we will communicate material delays and a revised estimate promptly. A missed essential deadline or an inability to complete the work is addressed under section 11.
9 Review, changes and approval
Unless otherwise agreed, your order includes one consolidated round of reasonable preference changes within the agreed scope. Send that list within seven calendar days of receiving the video. Examples include sequence, pacing, supplied contact details, closing-frame layout, or soundtrack direction within the original brief. This includes changes across the formats purchased, not a separate round for each file.
Additional rounds, new photographs or spaces, a substantially different creative direction, or changes after approval require a new quote, which we will agree with you before starting that work.
Review the complete video, including property features, text, branding, and music, before approving it. Approval may be given by email. If we receive neither your approval nor your change request within seven calendar days of delivery, the video is deemed approved. Once a video is approved, it is accepted as delivered, and no further changes or defect claims can be made.
10 Production defects
Tell us before you approve the video if a file will not play, an agreed deliverable is missing, we have entered supplied information incorrectly, or the result contains a material unintended property distortion or other material departure from the agreed brief. Identify the affected file and timecode where possible. These issues are assessed separately from preference changes and do not use up your included round of changes.
We will remedy a defect attributable to us without additional charge within a reasonable period, by correction, regeneration, replacement, or an alternative shot. If we cannot resolve a material defect within a reasonable period, we will refund the fee paid for the affected order. This is your sole remedy for defects.
11 Cancellation and incomplete projects
You decide whether to order after seeing the free preview, and production begins as soon as payment is received. Until you pay the invoice, you can cancel by email or simply leave the invoice unpaid, and nothing is owed. Once payment has been received, the order can no longer be cancelled for a refund, including if the listing is withdrawn or sold.
If we cannot complete the agreed service, or miss a deadline the order summary expressly identifies as essential, you may cancel the affected work and receive a refund of the fee paid for the undelivered portion. Other delays do not entitle you to cancel unless you have given us a reasonable final opportunity to complete. Refunds are initiated within ten business days; payment-provider processing may take longer.
If essential input or feedback is missing for 30 days, we may pause or close the project after a reminder and a further seven calendar days without a response. A paid order closed this way is not refunded.
12 Rights in the finished video
After full payment, we grant you, to the extent of the rights we control, a worldwide, perpetual, non-exclusive right to use the delivered video for marketing the identified property and your real estate business. This includes websites, listing platforms, social media, and paid advertising, subject to any material third-party restrictions disclosed in your order. You may allow your brokerage, property owner, hosting platforms, and marketing providers to use it for those purposes, including the platform permissions reasonably needed to publish it.
You may crop, resize, caption, or otherwise adapt the video for those permitted uses, provided you do not misrepresent the property or violate applicable rights. We are not responsible for problems caused by later changes made by others. Your rights in source photographs and other client materials remain subject to their original permissions and any expiry dates you must observe.
We retain our tools, reusable templates, workflows, and any rights not granted above. Reselling the video as stock content or representing it as footage of another property is not permitted. AI-generated elements may not be unique or protectable by copyright; we do not promise exclusive ownership of those elements. Agreed permissions do not authorize removal of legally or contractually required provenance markings.
13 Property accuracy and publication
We review generated material against the supplied photographs for visible distortions, but AI generation can introduce errors. You must review every video carefully before approving it and tell us about any inaccuracy so it can be corrected under section 10. Once you approve a video, you accept it and take full responsibility for confirming that it represents the property accurately before you publish or use it.
You are responsible for the accuracy of the information and materials you supply, your authority to market the property, and all use and publication of the video, including the requirements of your brokerage, MLS, platforms, and applicable law and any required AI or virtual-media disclosures. “Unbranded” describes the absence of the agreed agent branding; it does not guarantee approval by any MLS or platform. We do not submit or approve listings on your behalf. No sale price, viewing volume, lead count, sale, or marketing result is guaranteed.
14 Data handling and portfolio use
We use your information and materials to assess requests, provide the service, communicate, keep records, and resolve issues. The Privacy Notice explains which providers we use, where data is processed, how long it is kept, and your rights.
Portfolio use. Unless you tell us otherwise in writing before you approve the video, you allow TourSmith to use the finished video, the source photographs, and short excerpts of them in its portfolio, website, advertising, and social media. You can withdraw this permission for future posts at any time by email. If you opt out, we delete your source photographs and generated clips, including from our AI providers, within 48 hours after you approve the video.
Download and keep your final files: the delivery link remains available for 30 days after delivery, and we do not provide archival storage. Do not supply unnecessary sensitive or confidential information.
15 Claims and indemnity
You will indemnify and hold TourSmith harmless against all third-party claims, damages, losses, and costs, including reasonable legal fees, arising from the materials you supply, your breach of these terms, or your use or publication of any video.
Tell us promptly about any claim relating to your materials or a video. We may pause the affected work or use while the claim is assessed.
16 Liability
To the fullest extent permitted by law, TourSmith is not liable for any damages arising from a free preview, an order, or the use or publication of any video. Your sole and exclusive remedies are the correction, replacement, and refund remedies in sections 10 and 11, and any refund is limited to the fee paid for the affected order.
In particular, we are not liable for indirect or consequential loss, lost profits, lost commissions, lost business opportunities, or any anticipated property sale price, and we are not responsible for any video after you have approved it.
Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intentional misconduct or gross negligence.
17 Governing law and disputes
Swiss law governs these terms and every order, subject to any mandatory rules that apply regardless of this choice. The courts at our business domicile in Switzerland have exclusive jurisdiction, to the extent permitted by law.
Before starting any proceedings, contact leonidas.kemper@toursmith.co with the order details and the outcome you seek so we can try to resolve the matter directly.
18 Versions and other provisions
The version supplied and accepted when an order is placed applies to that order. Later website changes apply to later orders unless both parties expressly agree otherwise. If a provision is unenforceable, the remaining provisions continue to apply so far as legally possible. A delay in exercising a right does not by itself waive that right.