Virtual Showings

VirtualShowings Terms of Service

Effective Date: April 8, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "User") and Chan Ventures LLC, doing business as VirtualShowings ("VirtualShowings," "we," "us," or "our"), concerning your access to and use of the VirtualShowings website, AI tools, and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference.

2. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. User Accounts

  • Registration: To access certain features of the Service, you may be required to register for an account. You agree to provide true, accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. VirtualShowings cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
  • Account Misuse: You may not create multiple free accounts to abuse the free tier limitations or circumvent paid subscription requirements. Sharing account access with unauthorized third parties outside your immediate team (subject to usage limits) is prohibited.
  • Suspension/Termination: We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time, including, but not limited to, providing inaccurate information, misusing the account, abusing the free tier, violating these Terms, or for any other reason in our sole discretion, without notice or liability.

4. Service Description

VirtualShowings provides AI-powered tools designed for real estate professionals to enhance property photos and create marketing materials, including but not limited to virtual staging, sky replacement, lawn greening, AI decluttering, and video tour generation (subject to features available in your chosen plan or access level).

5. Free Tier / Free Access

VirtualShowings may offer a free access tier ("Free Tier"). Unless otherwise specified, the Free Tier includes the creation of one (1) watermarked video, editing of up to four (4) images, does not require a credit card for access, and does not expire. The Free Tier may have other limitations applied to features (such as exclusion of AI Avatar and Aerial View features) or usage, which are subject to change at our sole discretion. Abuse of the Free Tier, including creating multiple accounts, may result in termination of all associated accounts.

6. Subscriptions, Payments, Renewals, Cancellation, Refunds

  • Payment Options: Access to certain features or higher usage volumes requires a paid subscription or potentially a one-time purchase. Available plans and their associated fees (monthly, annually, or one-time) are described on our pricing page.
  • Billing: You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We use Stripe as our third-party payment processor. By providing payment information, you authorize us (via Stripe) to charge your payment method.
  • Auto-Renewal: Subscription plans (monthly and annual) will automatically renew for successive periods equal to the original subscription term, unless you cancel your subscription before the end of the then-current term through your account settings.
  • Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current paid billing cycle.
  • No Refunds: Payments are non-refundable, and there are no refunds or credits for partially used periods. Following any cancellation, you will continue to have access to the Service through the end of your current billing period for which you have already paid.
  • Price Changes: We reserve the right to change our subscription fees. We will provide you with notice via email at least thirty (30) days prior to any price changes taking effect. Your continued use of the Service after the price change constitutes your agreement to pay the modified fee.
  • Failed Payments: If your payment method fails, we reserve the right to automatically cancel your subscription and suspend or terminate your access to paid features.

7. User Content

  • License Grant: You retain ownership of your original User Content (photos, property details, addresses, etc.) and the AI-generated output created from it. However, by uploading User Content to the Service, you grant VirtualShowings a limited, non-exclusive, worldwide, royalty-free, sublicensable license to host, store, use, process, modify, reproduce, communicate, publish (solely to you or as directed by you), and distribute such User Content solely for the limited purposes of operating, providing, developing, and improving the Service (including processing through third-party AI service providers as necessary to deliver features). This license terminates when you delete your content or account, subject to our data retention policy and necessary archival/backup processes.
  • Your Responsibilities: You are solely responsible for your User Content and represent and warrant that you have all necessary rights, licenses, consents, and permissions (including from homeowners, photographers, or subjects depicted) to submit the User Content and to grant us the license described above, without infringing or violating any third-party rights, including privacy rights, publicity rights, copyrights, or trademarks.
  • No Training Use: We do not use your User Content to train our general AI models.
  • No Endorsement: We do not endorse and are not responsible for any User Content.

8. Acceptable Use Policy

You agree not to use the Service for any unlawful purpose or in any way that interrupts, damages, impairs, or renders the Service less efficient. Prohibited activities include, but are not limited to:

  • Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Uploading or transmitting content that infringes any patent, trademark, trade secret, copyright, privacy right, publicity right, or other proprietary right of any party.
  • Using the Service for any purpose unrelated to real estate marketing, evaluation, or related professional activities.
  • Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or AI models of the Service.
  • Interfering with or disrupting the Service or servers or networks connected to the Service (e.g., transmitting worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature; denial-of-service attacks).
  • Engaging in any activity that imposes an unreasonable burden or load on our infrastructure, or strains resources beyond typical use patterns associated with your plan level.
  • Attempting to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service.
  • Sharing your account credentials or allowing access by unauthorized third parties (sharing within your direct team is permitted provided overall usage remains within your plan limits).

9. Intellectual Property Rights

Excluding your User Content and the output derived from it (which you own), the Service and all its materials, including, without limitation, software, AI models, algorithms, text, graphics, images, designs, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto (the "VirtualShowings IP"), are the exclusive property of Chan Ventures LLC and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such VirtualShowings IP, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.

10. Term and Termination

  • Term: These Terms shall remain in full force and effect while you use the Service.
  • Termination by You: You may terminate your account and these Terms at any time by canceling your subscription and ceasing use of the Service, or by deleting your account through the Service interface.
  • Termination by Us: WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION, FOR NON-PAYMENT, FOR PROLONGED INACTIVITY, FOR LEGAL REASONS, IF WE DECIDE TO DISCONTINUE THE SERVICE, OR FOR ANY OTHER REASON DETERMINED SOLELY BY US. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
  • Effect of Termination: Upon termination of your account, your right to use the Service will immediately cease. We will initiate deletion of your data according to our data retention policy (generally within 30 days), unless retention is required by law. Provisions of these Terms that by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, governing law, and dispute resolution).

11. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE. THE AI-GENERATED OUTPUT (IMAGES, VIDEOS, TEXT, ETC.) MAY CONTAIN INACCURACIES, ERRORS, OR MAY NOT PERFECTLY REPRESENT REAL-WORLD CONDITIONS. VIRTUALSHOWINGS DOES NOT GUARANTEE UNINTERRUPTED SERVICE OR THAT THE SERVICE WILL BE ERROR-FREE.

YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY OUTPUT GENERATED BY THE SERVICE BEFORE USING IT FOR MARKETING OR ANY OTHER PURPOSE. YOU ASSUME ALL RISKS AND RESPONSIBILITY ASSOCIATED WITH YOUR USE OF THE SERVICE AND ANY OUTPUT GENERATED THEREFROM.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHAN VENTURES LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS (INCLUDING NEW JERSEY) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SPECIFICALLY REGARDING LOSS OF DATA, OUR MAXIMUM LIABILITY SHALL BE LIMITED TO FIVE HUNDRED US DOLLARS ($500.00).

13. Indemnification

You agree to defend, indemnify, and hold harmless Chan Ventures LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, privacy, or publicity right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

14. Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Delaware, USA, applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

15. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes"), you and VirtualShowings agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Delaware, unless otherwise mutually agreed.

Exceptions to Arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

Class Action Waiver

YOU AND VIRTUALSHOWINGS AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

16. Modifications to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by posting a notice on our website at least fourteen (14) days before the changes take effect, and we will update the "Effective Date" at the top of these Terms. You waive any right to receive specific notice of each such change beyond the website notice. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Service after the date such revised Terms are posted will be deemed to have been made aware of and accepted the changes in any revised Terms.

17. Miscellaneous

  • Entire Agreement: These Terms and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us.
  • Severability: If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
  • No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
  • Assignment: We may assign any or all of our rights and obligations to others at any time. You may not assign any of your rights or obligations under these Terms without our prior written consent.
  • Contact: For any questions about these Terms, please contact us at legal@virtualshowings.ai.