Terms of Service

1. Agreement

These Terms of Service ("Terms") are a binding agreement between you and All Around Digital Media, located at 17810 W. Dixie Hwy, Suite C, North Miami Beach, FL 33160 ("All Around Digital Media," "we," "us" or "our"). They apply to our website, free sample videos, paid orders, monthly plans and every other service we provide (the "Services").

By requesting a free sample, placing an order, signing our Client Release, paying, or using any deliverable, you agree to these Terms, our Privacy Policy and our Client Release, Rights Warranty and Media Consent (the "Release"). If you do not agree, do not use the Services.

2. Who can use the Services

You must be at least 18 years old and able to enter a binding contract. If you order for a brokerage, team, property management company, community or other business, you confirm you are authorized to accept these Terms for it, and "you" includes that business.

3. Our services

We create marketing media from photos and information you provide, including photo-to-video walkthroughs, lifestyle videos, videos with AI-generated people and movement, virtual staging and photo enhancement, and, for brands and businesses, lifestyle and product images, commercials, promotional videos and social ads made from product photos, websites, brand guidelines and other materials you provide, in the formats and lengths described on our website or in a written quote (the "Deliverables").

We may use artificial intelligence (AI) image and video tools, editing software, licensed music and human review to produce Deliverables. We choose the tools and creative methods, and may change them at any time.

4. Free sample videos

• One free sample per agent, business or property, unless we agree otherwise. Free samples are 15 seconds unless stated.
• Free samples are provided as-is, with no revisions, guarantees or turnaround commitment, and we may decline any request.
• Everything in these Terms applies to free samples, including your promises about rights in Section 10 and our advertising use in Section 14.

5. Orders and quotes

An order is accepted when you submit our order form with a signed Release and we receive payment, or when we confirm a written quote in writing. We may refuse or cancel any order, for example if the materials are unsuitable, unlawful, or not yours to use; if we cancel a paid order before production, we refund it in full.

You are responsible for giving accurate order details, including the property, package, add-ons, branding and delivery contact.

6. Prices, payment and taxes

• Prices are in U.S. dollars and are listed on our website or in your quote. We may change prices at any time; changes do not affect orders already paid.
• Single orders are paid in full when you order. Payments are processed by our payment provider (Stripe); we do not receive or store your full card number.
• You are responsible for any taxes that apply to your purchase.
• If a payment is reversed, disputed or charged back without first contacting us, we may suspend Services and your license to the affected Deliverables until the matter is resolved. Please contact us first. Most billing questions are solved within one business day.

7. Monthly plans, automatic renewal and cancellation

• Monthly plans renew automatically every month at the then-current plan price, charged to your payment method on file, until you cancel.
• You can cancel at any time by emailing us or using any cancellation link we provide. Cancellation takes effect at the end of the current billing month; you keep that month's videos. We do not give partial-month refunds.
• Unused videos roll over for one month, then expire. Plan videos have no cash value and cannot be transferred.
• We will notify you by email at least 30 days before any price increase on your plan.

8. Delivery, review, revisions and download window

• Turnaround. For real estate, rental and photo orders, we send your preview within 24 hours of receiving usable photos and complete order details, or 12 hours when rush is purchased. For brand and product orders, we send your preview within 3 business days of receiving complete materials, or sooner when rush is purchased. Weekends, holidays, very large orders and events outside our control can extend these times. Turnaround times are targets, not guarantees, but if we miss a paid rush deadline we refund the rush fee.
• Preview and approval. After payment, we send a preview of your Deliverables, which may be watermarked or lower resolution, for your review. You may approve it or request your included revision round. If you do not respond within 5 days after we send the preview, the preview is considered approved and we deliver the final files.
• Revisions. Each paid order includes one round of revisions, requested in writing within 5 days after we send the preview. Revisions cover adjustments to the same concept (order of shots, timing, music, text, branding, corrections). New concepts, new photos or materials, or extra rounds are billed as add-ons. Free samples do not include revisions and are delivered directly as final files.
• Final delivery. After approval, we deliver final Deliverables by a Dropbox download link sent to the email address on your order. No Dropbox account is needed. Deliverables are final rendered files, such as MP4 videos and JPG images; project files, prompts, layers and unused generations are not included.
• 10-day download window. Each delivery link stays active for 10 days from the day we send it (the "Download Window"). Each separate delivery, including each monthly plan delivery, revised files and free samples, has its own Download Window. You are responsible for downloading and keeping copies of your Deliverables within the Download Window. We will include the expiration date in the delivery email and may send a reminder before it ends.
• After the Download Window. After the Download Window ends, the link may expire and we have no obligation to keep or provide your files. We may keep backup copies for up to 90 days, but we do not guarantee that any file will be available. If you ask us to retrieve and resend files after the Download Window, a retrieval fee of $29 per order applies, payable before redelivery, and only if the files are still available.
• Link problems and access. If a link does not work, tell us within the Download Window and we will resend it at no charge. Download links give access to anyone who has them, so do not share them with anyone you do not want to have the files. You are responsible for giving us a correct email address.
• Acceptance. A Deliverable is accepted when you approve the preview, when the 5-day review period ends without a revision request, or when you download, publish or use the final files, whichever happens first.

9. Refunds

• Cancel a single order before production starts for a full refund.
• Once production starts, we make it right through revisions rather than refunds. If we cannot deliver what you ordered after a good-faith revision, we will refund the affected item.
• Free samples, rolled-over plan videos and fees for completed rush work are not refundable.

10. Your materials and your promises

"Client Materials" means the photos, videos, floor plans, logos, headshots, product photos, packaging, trademarks, brand guidelines, website content, text, listing information and links you provide or point us to, including photos we retrieve from a listing or website at your request. For all Client Materials, you represent and warrant that:

1. You own them or have every license and permission needed for us to use, edit and create derivative works from them as these Terms describe, including any permission required from the photographer;
2. You have authority to market the property, product, service, brand or business shown, including any needed consent from the owner, seller, landlord, community management, manufacturer or trademark owner;
3. Any person who can be identified in them has consented to their use;
4. They and your instructions do not infringe anyone's rights, violate any law or contain anything defamatory, obscene or confidential that you are not permitted to share; and
5. The property, product, service and business information you give us is accurate, and any claims you ask us to include, such as results, benefits, prices, offers, rates or comparisons, are truthful and substantiated.

You grant us a non-exclusive, worldwide, royalty-free license to use, copy, store, edit, modify, upload to processing tools and create derivative works from Client Materials to provide the Services, and for the advertising and portfolio uses in Section 14.

11. AI-generated and edited content

You understand and agree that:

• AI tools can produce imperfections, such as distorted lines, changed details, or added or missing objects. We review every Deliverable against your photos, but we cannot guarantee that every frame is free of artifacts.
• Some services intentionally add things that are not in your photos, such as virtual furniture and decor, AI-generated people, animals, movement, weather, lighting, sky, twilight effects, or, in concept and lifestyle videos, scenes and spaces created for mood. Virtually staged photos are labeled.
• Generated people do not depict real individuals and are not actual customers, users or endorsers. Generated scenes are illustrations, not a representation of a property's condition or of the results a product or service delivers.
• For product and brand work, we aim to keep your product, packaging, logo and label text as they appear in your materials, but AI tools can change small details such as text, colors, shapes, sizes or quantities. You must check every product and brand detail before publishing.
• You must review every Deliverable before publishing it and request corrections for anything that misrepresents the property, product or service. You are responsible for any Deliverable you publish.

12. Your responsibilities when advertising

You are solely responsible for how and where you use Deliverables, and for complying with all laws, rules and policies that apply to your advertising, including:

• Multiple listing service (MLS) rules, including branding rules for virtual tours and disclosure rules for altered or staged images;
• Real estate license law and advertising rules, including Florida's (such as including your brokerage's name in advertising) and those of any other state where you advertise;
• Laws requiring disclosure of digitally altered or virtually staged images, such as California Business and Professions Code § 10140.8;
• The federal Fair Housing Act and state and local fair housing laws;
• Consumer protection and truth-in-advertising laws, the National Association of REALTORS® Code of Ethics if it applies to you, and your brokerage's policies; and
• For brand, product and service advertising: the Federal Trade Commission Act and the FTC's guides on endorsements and testimonials, including not presenting AI-generated people as real customers; rules for regulated products and services, such as FDA rules for cosmetics, foods and dietary supplements, and SEC, FINRA, CFPB and state rules for financial products and services; and trademark, copyright and right-of-publicity laws;
• The terms and advertising policies of each platform where you post, such as Meta, Google, YouTube, TikTok, Amazon, Zillow, Airbnb and Vrbo.

We do not provide legal, regulatory, compliance or real estate brokerage advice, and our creating a Deliverable is not a statement that it complies with any rule.

13. Ownership and your license

• Once you have paid in full (or for a free sample, once delivered), we grant you a perpetual, worldwide, non-exclusive license to use, copy, publish and share the Deliverables to market the property shown and to promote your own real estate, rental or hospitality business.
• You keep all rights you have in your Client Materials. Subject to your license and those rights, we own the Deliverables and everything we create to make them, including edits, prompts, templates, motion designs, styles and workflows.
• You may not sell, sublicense or distribute Deliverables as stock media, use them to train AI models, or remove any "Virtually staged" or similar label we add.
• Music is licensed for use with the Deliverable on websites and social platforms. If a platform flags the audio, you may need to replace the track; we will provide a version without music on request.

14. Our right to use your photos and Deliverables in our advertising

You grant All Around Digital Media and its successors a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license, which we may sublicense to our service providers and advertising platforms, to use, reproduce, edit, crop, adapt, display, publish and distribute:

• the Client Materials you provide, including original photos and videos, and
• all Deliverables and other images and videos we generate from them, including before-and-after comparisons,

in our portfolio, website, social media, paid and unpaid advertising, emails, proposals, presentations, award entries, case studies and other materials promoting our services, in any media now known or later developed, without payment or approval. This applies to free samples and paid orders, and continues after any plan ends.

When we use your materials this way, we will not publish the property's street number or unit number, your client's name, or any personal information about occupants without permission. We may identify you or your business as our client unless you ask us not to. If you have a specific privacy, safety or security concern about a property, tell us in writing; we will consider it in good faith and, if we agree, stop using that property in new materials within 30 days. We cannot recall advertising already published or distributed.

For brand and product work, we may show your products, logos and the Deliverables in our portfolio and advertising, but we will not disclose information you mark as confidential, such as unreleased products, pricing or campaign results. If a product or campaign is not yet public, give us the launch date in writing when you order, and we will not publish that work before that date.

You confirm that you have the rights needed to grant this license, as stated in Section 10.

15. Third-party services

We rely on third-party providers to operate, including AI image and video tools, Google Workspace, Cal.com, Stripe, Netlify and advertising platforms. Their services are governed by their own terms, and we are not responsible for their outages or acts.

16. Prohibited uses

You may not ask us to create, and may not use Deliverables for, content that is unlawful, deceptive or discriminatory; that misrepresents a property's condition, size, features, location or views in a way that could mislead a buyer, renter or guest; that misrepresents a product's or service's features, results, pricing or terms; that makes health, financial or other claims you cannot substantiate; that uses someone's likeness, property or work without permission; or that harasses, defames or impersonates anyone. We may refuse or stop any work we believe violates this section.

17. Confidentiality

We keep listing details you share in confidence until the listing is public, except as needed to provide the Services. After a listing is public, Section 14 applies.

18. Indemnification

You will defend, indemnify and hold harmless All Around Digital Media and its owners, employees and contractors from any claim, demand, loss, liability, fine, penalty, cost or expense (including reasonable attorneys' fees) arising from your Client Materials, your breach of these Terms or the Release, your instructions, or your publication or use of Deliverables, including claims by photographers, property owners, sellers, buyers, tenants, guests, MLSs, regulators or platforms.

19. Disclaimers

Except as expressly stated in these Terms, the Services and Deliverables are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and accuracy. We do not promise any marketing result, including views, leads, showings, offers, sales, rentals or bookings.

20. Limitation of liability

To the fullest extent permitted by law: (a) we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost commissions, lost bookings, lost data or reputational harm; and (b) our total liability for all claims relating to the Services is limited to the amount you paid us for the specific order giving rise to the claim, or for monthly plans, the fees you paid in the three months before the claim. These limits apply to every legal theory and even if we were advised of the possibility of the damages. Nothing in these Terms limits liability that cannot be limited by law.

21. Release

The Client Release, Rights Warranty and Media Consent you sign with each order is part of these Terms. If they conflict, the Release controls for the subjects it covers.

22. Electronic signatures and communications

You agree that checking an agreement box, typing your name as a signature and submitting an online form is your electronic signature, with the same effect as a handwritten signature under the federal E-SIGN Act and the Florida Uniform Electronic Transaction Act. You agree to receive agreements, receipts and notices electronically at the email address you provide.

23. Governing law and disputes

• Florida law governs these Terms, without regard to conflict-of-law rules.
• Before filing any claim, the party with the claim will send the other a written description and both will try in good faith to resolve it for 30 days.
• Any claim that is not resolved will be brought only in the state or federal courts located in Miami-Dade County, Florida, and both parties consent to those courts' jurisdiction. Either party may bring an individual claim in small claims court instead.
• To the fullest extent permitted by law, claims must be brought individually, not as a plaintiff or class member in any class or representative proceeding, and each party waives the right to a jury trial.
• Any claim must be filed within one year after it arises, unless the law requires a longer period.

24. Changes to these Terms

We may update these Terms by posting a new version with a new "last updated" date. Changes apply to orders placed after the update. For monthly plans, we will email you about material changes at least 30 days before they take effect, and you may cancel before then.

25. General terms

These Terms, the Privacy Policy, the Release and any written quote are the entire agreement between us about the Services. If any part is unenforceable, the rest stays in effect, and the unenforceable part will be enforced to the fullest extent allowed. Our failure to enforce a right is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. We are an independent contractor. Neither party is liable for delays caused by events beyond its reasonable control. Sections 10 through 14 and 18 through 23 survive the end of any order or plan.

26. Contact

All Around Digital Media
17810 W. Dixie Hwy, Suite C, North Miami Beach, FL 33160
Email: hello@allarounddigitalmedia.com