Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you ("you", "Customer") and Primir Inc. ("we", "us", "our"), a corporation organized under the laws of the Province of Quebec, Canada, with its principal place of business in Montreal, Quebec, owner and operator of Pictoflix (the "Service", "Pictoflix"). Pictoflix is a division of Primir Inc., not a separate legal entity. Contact: hello@pictoflix.com. References to Primir Inc. include its successors and permitted assigns (see Section 19, "Assignment and change of control").

By creating an account, ticking the acceptance checkbox at sign-up, purchasing a tour, or otherwise accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.

• You must be at least 18 years old and capable of entering a legally binding contract.
• Account information must be accurate, current, and complete; you must keep it updated.
• You are responsible for all activity that occurs under your account and for safeguarding your credentials, including any third-party (e.g. Google) sign-in linked to your account.
• You must notify us promptly at hello@pictoflix.com of any unauthorized access or security incident affecting your account.
• One person or entity per account; account sharing across organizations is not permitted on individual plans.
• Where you sign in with an email and password, passwords must be at least 8 characters and are screened against known public breach lists; passwords found in a breach are rejected. Changing your password requires re-entering your current password.
• You may edit your account details, download a complete machine-readable copy of your data, and permanently delete your account at any time from the in-product Settings page. Deletion is immediate and irreversible: it cancels any active membership, removes your uploads, tours and profile, and revokes access to previously generated Tours. Download anything you want to keep first. Records we are legally required to retain (invoices, tax and payment records) are kept in anonymised form as described in the Privacy Policy.

Pictoflix is a software-as-a-service platform that uses third-party generative AI providers to transform real-estate photographs and metadata you submit into short cinematic video walkthroughs (each, a "Tour"). The Service includes related editing, previewing, storage, and delivery features.

The Service as currently offered includes: photo upload with automatic preparation and compression; an AI-assisted shot plan you can review and adjust per scene; AI narration in a choice of voices and languages; a licensed background-music library with in-app previews and a fade-out; an optional branded end card carrying your name, brokerage and contact details; a widescreen (16:9) master delivered at 720p together with a vertical (9:16) social cut of the same Tour at no additional charge; an optional five-photo sample render so you can judge the result before committing a full listing; per-scene re-rendering of individual shots; and a shareable playback link for each finished Tour. Tours are capped at 20 photos each. Feature availability, model selection, render resolution, and shot length are operational choices we may change; we optimise for a reliable, natural result rather than any specific model or setting.

We may update, improve, add, modify, or discontinue features of the Service at any time. We will give reasonable advance notice of material adverse changes affecting paid features, other than changes required for legal, security, or operational reasons.

"Customer Content" means all data, photos, images, floor plans, brand assets, text, voice samples, scripts, and other material you or your authorized users submit to the Service. As between you and us, you retain all right, title, and interest in and to Customer Content.

You grant Primir Inc. (operating Pictoflix) a worldwide, non-exclusive, royalty-free, sublicensable (solely to our processors and subprocessors), revocable license to host, store, copy, transmit, transcode, modify, create derivative works of (only to the extent strictly required for AI rendering), display, and deliver Customer Content for the sole purpose of providing, securing, and supporting the Service for you.

We do not claim ownership of Customer Content and we will not use Customer Content to train public foundation models. Our AI subprocessors are contractually prohibited from training on your Customer Content (see the Privacy Policy for the current subprocessor list).

Your representations. You represent and warrant that (a) you own or have all rights, licenses, consents, and permissions necessary to upload Customer Content and to have it processed and rendered into Tours; (b) Customer Content and its use in a Tour do not infringe any intellectual property, privacy, publicity, or other rights of any third party; (c) where Customer Content contains identifiable individuals, you have obtained any consents required by applicable law; and (d) Customer Content does not violate Section 7 (Acceptable Use).

Subject to your payment of applicable fees and continued compliance with these Terms, Primir Inc. assigns to you all rights it may hold in the final rendered Tour you have paid for (the "Generated Tour"), to the maximum extent transferable. You may use a paid Generated Tour for any lawful commercial or personal purpose, including MLS listings, social media, advertising, and presentations.

Free or preview renders are licensed to you on a limited, non-transferable, non-commercial evaluation basis only and may carry a Pictoflix watermark or audio tag. Public commercial use of unpaid preview renders is prohibited.

AI-content disclosures. Generated Tours are produced by machine learning models and may contain inaccuracies, visual artifacts, or stylized representations of the underlying property. You are solely responsible for reviewing each Generated Tour before publication and for complying with all applicable real-estate advertising laws, including accurate-representation and truth-in-advertising requirements in your jurisdiction. We recommend disclosing AI generation where required by law or platform policy.

Third-party model rights. Our AI subprocessors (currently Fal, ElevenLabs, and Lovable AI Gateway) may retain limited rights in their underlying models; those rights do not extend to your Customer Content or to the resulting Generated Tour as delivered to you.

• Currency and processor. Each account is billed in a single currency: Canadian dollars (CAD) for accounts set to CAD, and United States dollars (USD) for every other account. Your billing currency is shown before your first charge and is locked to your account once your first payment succeeds; after that it cannot be changed. All fees, per-photo prices, membership fees, credits, and any other charges are quoted, displayed, and billed in your account currency, and every price shown in the app carries its currency code. If your card is issued in a different currency, your issuing bank performs the FX conversion at its own rate and may add its own fees. Payments are processed by Stripe, Inc. and Stripe Payments Canada, Ltd., and by purchasing you also agree to Stripe's terms applicable to end users. Pictoflix is a service of Primir Inc.
• Taxes. Prices are exclusive of applicable sales, value-added, GST/QST, or similar taxes, which will be added at checkout where required.
• Per-photo pricing. Renders are billed per photo — each uploaded photo becomes one short cinematic shot (four seconds each in the delivered tour). The pay-as-you-go rate is $6 USD (or $8 CAD on CAD accounts) per photo. You are charged for the photos actually rendered (up to a hard cap of 20 per tour); the intro card, the branded end card, the narration, the music, and the vertical 9:16 social cut are included at no additional charge. The total charge is displayed and confirmed before each render.
• Sample renders. Where offered, a five-photo sample is charged at your normal per-photo rate for those five photos only. It is paid and non-refundable. Once per listing, a full paid render can credit the exact photos paid for in completed samples of that listing; replaced or newly uploaded photos are not credited. Multiple samples retain their eligible photo credit until that paid upgrade. A complimentary full render does not consume this sample credit.
• Regenerating a whole tour and recovery. Each new full render is charged per photo at your current rate once any shot in the previous render has completed, even if you cancel before stitching finishes. Cancelling does not cancel shots already running. After an unsuccessful or cancelled render, up to two free recovery attempts may resume only missing shots of that same render and unchanged photo set; completed or still-running shots are not submitted again. A fresh render with different photos is charged anew. Re-stitching existing shots (music, branding, intro or closing cards, or scene order) without generating new shots is free. Accounts with complimentary renders use one allowance per new full render and return to their normal rate when exhausted.
• Re-rendering a single scene. You may re-render an individual shot (optionally changing its camera direction) for $6 USD / $8 CAD per scene at the pay-as-you-go rate, or $2.20 USD / $3.15 CAD per scene while a membership is active. Each re-render is a new paid render and is likewise non-refundable. Re-stitching an existing Tour without generating new shots is not charged.
• Membership. An optional Pictoflix membership ($15 USD / $21 CAD per month, plus applicable taxes) reduces the per-photo rate to $2.20 USD (or $3.15 CAD) per photo while your membership is active. A membership is purely a rate unlock: it includes no photos and no credits, and every rendered photo is charged separately at the member rate. Membership renews automatically each month until you cancel; you can cancel at any time from Settings, and cancellation takes effect at the end of the current billing period — no partial-period refunds. If your membership lapses, your per-photo rate reverts to the pay-as-you-go rate.
• Invite codes and preferential rates. We may issue invite or promotional codes (for example a code entered during sign-up, or arriving via an invite link) that unlock a preferential per-photo rate on the redeeming account. The rate a code unlocks is shown in-app before each render. Codes may have an expiry date and a limited number of redemptions, can only be redeemed by the account entering them, apply once per account, cannot be combined with the membership rate or with another code, have no cash value, and do not apply retroactively to renders already charged. Codes are personal to the agent invited and are not for public distribution. We may withdraw, replace, or change the rate attached to a code at any time; a change applies only to renders initiated after we notify you, and we will give at least 30 days' notice before increasing an existing preferential rate. Rates granted by our team for a specific account (including negotiated or cost-based rates) work the same way.
• Pay-as-you-go. Renders are charged to your card on file at the confirmed rate (member or non-member). A hard per-render provider-cost ceiling of $40 USD equivalent prevents runaway jobs; renders that would exceed this ceiling are refused before any image is submitted.
• Agreed actual-cost accounts. Where our team has agreed an actual-cost rate for your account, no rendering fee is collected upfront. After delivery, the invoice covers only the recorded costs of that render, with a 10% markup only for accounts explicitly assigned cost-plus pricing. For a CAD account, USD provider costs are converted using a verified USD-to-CAD reference rate recorded with the invoice calculation; the rate and amount are fixed for that invoice. If that rate cannot be verified, no payment is attempted until it can be checked. Account credit is reserved before payment and is applied only once. An older tour without a reliable render-cost record requires a billing review rather than an automatic charge.
• All sales final — no refunds. Every render is a bespoke, compute-intensive, non-recoverable act of AI production: provider GPU time is consumed the moment your job is submitted and cannot be reclaimed. Accordingly, all charges — per-photo renders, pay-as-you-go debits, and membership fees — are final and non-refundable, whether in cash or credit, and regardless of whether the finished walkthrough matches your subjective creative expectations. Before each render we display the exact number of photos, the tier, and the total charge, and require an explicit on-screen confirmation acknowledging this policy; by confirming, you authorize the charge and accept the Generated Tour as-rendered, including any stylistic, framing, pacing, motion, lighting, colour, audio, or narrative variance inherent to probabilistic generative models. You further acknowledge that identical inputs may yield materially different outputs across renders and that this variance is a feature of the underlying technology, not a defect.
• Defect remedy (sole and exclusive). If a render fails to deliver a playable MP4 due to a verifiable defect on our side (as distinct from creative preference), your sole and exclusive remedy is a re-render of the affected clip or tour at no additional cost or, at our sole discretion, a credit equal to the affected clips. Provider outages that we work around by retrying, transient queue delays, and stylistic outcomes you dislike are expressly excluded from this remedy.
• Legacy purchases. Cinematic Tour purchases ($99 / $39 first-tour), the Premium subscription ($85/mo), legacy add-ons (Cinematic HD upgrade, AI voiceover, vertical 9:16, Signature bundle), and prepaid credit bundles (50 / 200 credits) made before earlier pricing changes remain honored on the properties and terms they were purchased under: previously purchased render credits remain usable on a one-credit-per-photo basis, do not expire, and are non-refundable. These SKUs are no longer sold to new customers; renewals of existing Premium subscriptions continue until you cancel.
• Referral program. Each account is issued a unique referral link of the form https://pictoflix.com/?ref=CODE. When a visitor lands on Pictoflix through your link, we tag their browser session with your code (stored client-side in the visitor's own browser) so that if they subsequently create a Pictoflix account in that same browser session — whether via email or a supported social provider, and whether they sign up immediately or after browsing — the resulting account is attributed to you. Attribution is best-effort and depends on the visitor's browser accepting standard client-side storage and completing signup in the tagged session; visits opened in a different browser, device, private/incognito mode, or after clearing site data may not attribute, and Pictoflix's server-side attribution record is the sole authoritative source of truth. A referral becomes qualifying only when the referred account (a) completes a Pictoflix account signup attributed to you, and (b) completes a first paid render of at least $24 USD (or $32 CAD on CAD accounts) in net paid consideration (excluding taxes, prior credits, and refunded or charged-back amounts). Upon qualification, we credit the referrer's account with 3 render credits (one credit renders one clip from one photo; approximate list value $18 USD at the $6 per-photo rate, or $24 CAD at the $8 per-photo rate). Credits are granted automatically, only to the referrer, and are recorded in an append-only render-credit ledger tied to your account. Credits are non-transferable, have no cash value, cannot be refunded, redeemed for cash, combined with other promotional credits at the referrer's election, or applied retroactively to renders already charged; they auto-apply to the referrer's next eligible render(s) on a one-credit-per-photo basis and do not expire. There is no cap on the number of agents you may refer, but only the referred account's first qualifying paid render generates credits — subsequent renders by the same referred account do not. Self-referrals; referrals between accounts sharing a payment instrument, billing address, IP address, device, or household; referrals generated through paid search bidding on Pictoflix trademarks, spam, unsolicited bulk email, coupon/deal aggregator sites, or misleading claims about Pictoflix; and any referrals we reasonably believe to be fraudulent, automated, incentivized outside the program's terms, or otherwise in violation of these Terms or applicable law are disqualified, and any credits already granted in respect of them may be clawed back or reversed. If a referred account's qualifying render is later refunded, charged back, or reversed, the corresponding referral credits may likewise be reversed; we reverse whatever part of those credits remains unspent, and your credit balance never goes below zero. We may modify, suspend, or terminate the referral program, or change the qualification threshold or credit amount, at any time and for any reason; changes apply prospectively and do not affect credits already granted for referrals qualified before the change takes effect.
• Chargebacks. If you initiate a chargeback for charges you authorized, we may suspend your account pending resolution and reverse any credits granted in respect of the disputed charge.
• Price changes. We may change list per-photo prices and the membership fee with at least 30 days' notice; changes apply only to renders initiated and membership periods starting after the notice period. Credits already in your bank are unaffected by future price changes.
• Statutory rights. Consumers in the EU/UK and certain Canadian provinces may have statutory withdrawal rights; where they apply, those rights override anything to the contrary in this section. By beginning a render before any applicable withdrawal period expires, you expressly request immediate performance and acknowledge that the withdrawal right is lost once the render begins.

You agree not to, and not to permit any third party to:

• upload Customer Content you do not own or are not licensed to use;
• upload content that is unlawful, infringing, defamatory, harassing, hateful, sexually explicit involving minors, or that depicts identifiable individuals without required consent;
• use the Service to create deepfakes of identifiable persons, to impersonate, or to deceive;
• generate Tours that materially misrepresent a property (e.g. fabricating features that do not exist) or that violate real-estate advertising, fair-housing, or consumer-protection laws;
• attempt to reverse-engineer, decompile, scrape, or extract model weights from the Service;
• circumvent rate limits, watermarks, authentication, or other technical controls;
• use the Service to develop a competing product or benchmark it without our prior written consent;
• upload malware or interfere with the integrity, security, or performance of the Service;
• violate applicable law, including export-control and sanctions laws.

We may, without notice, remove or restrict access to Customer Content or suspend accounts we reasonably believe violate this Acceptable Use Policy.

If you believe Customer Content infringes your intellectual property rights or otherwise violates law, send a notice to hello@pictoflix.com including: (i) your contact information; (ii) identification of the work or right allegedly infringed; (iii) the URL or sufficient detail to locate the Customer Content; (iv) a statement of good-faith belief that the use is unauthorized; (v) a statement that the information is accurate; and (vi) your signature (electronic acceptable). We will review and respond in a reasonable timeframe and may notify the affected account.

To operate the Service we maintain authorized administrative tools that allow a limited number of Pictoflix personnel to (a) view aggregated usage and cost analytics, and (b) where strictly necessary for support, security, or fraud investigation, temporarily "act-as" a user account ("Admin Impersonation"). Every Admin Impersonation session is logged with the acting administrator's identity, target account, timestamp, and reason, and any AI usage incurred during the session is attributed to the administrator, not to you. Admin Impersonation is governed by the safeguards described in our Privacy Policy. By using the Service you consent to these operational controls.

The Service integrates third-party processors (e.g. Stripe, Fal, ElevenLabs, Lovable AI Gateway, hosting and storage providers). Your use of those integrations may be subject to their own terms. We are not responsible for the acts, omissions, or content of third parties, except for the contractual obligations we impose on them as subprocessors.

Each party may receive non-public information of the other ("Confidential Information") and agrees to use it only to perform under these Terms and to protect it with at least the same degree of care it uses for its own confidential information, and in any case no less than reasonable care. This Section does not apply to information that is public through no fault of the receiving party, was already known, is independently developed, or is required to be disclosed by law (with prompt notice to the disclosing party where lawful).

Our processing of personal data is governed by our Privacy Policy. Where we process personal data on your behalf as part of Customer Content, we act as a processor and you act as the controller; on request, the parties will enter into a Data Processing Addendum reflecting GDPR Article 28 obligations and incorporating the EU Standard Contractual Clauses for international transfers where applicable.

Each party represents that it has full power and authority to enter into these Terms. We warrant that we will provide the Service with reasonable skill and care.

Except for the express warranties in these Terms, and to the maximum extent permitted by law, the Service and all Generated Tours are provided "as is" and "as available," and Pictoflix and its affiliates and subprocessors disclaim all other warranties, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy of AI output, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or that AI output will meet your requirements or be free from artifacts or inaccuracies.

By you. You will defend, indemnify, and hold harmless Pictoflix, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Customer Content; (b) your use of the Service in violation of these Terms or applicable law; or (c) any Generated Tour you publish.

By us. Subject to the limitation of liability below, we will defend you against any third-party claim that the Service, as provided by us and used in accordance with these Terms, directly infringes that third party's intellectual property rights, and we will pay damages finally awarded by a court of competent jurisdiction or amounts in any settlement we approve. Our obligation does not cover claims arising from Customer Content, your modifications, or use of the Service in combination with anything not provided by us.

To the maximum extent permitted by law, in no event will either party be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunity, even if advised of the possibility of such damages.

Each party's total aggregate liability arising out of or related to these Terms will not exceed the greater of (a) the amount you paid Pictoflix for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including, where applicable, liability for gross negligence, fraud, willful misconduct, or violations of mandatory consumer-protection law).

These Terms apply from the moment you first use the Service and continue until terminated. You may stop using the Service at any time, and you may delete your account yourself, at any time, from the Settings page — see Section 2 for what deletion removes. We may suspend or terminate access (a) for material breach of these Terms not cured within 10 days of notice (where curable); (b) immediately for repeated or egregious violations, illegal activity, or risk to the Service or other users; (c) upon non-payment; or (d) if continued provision becomes commercially impracticable or unlawful.

On termination, your right to access the Service ceases. We will, on written request within 30 days of termination, make Customer Content available for export in a commonly used format, after which we may delete it subject to legal retention obligations (see Privacy Policy). Sections that by their nature should survive termination — including Sections 4 (license already granted to deliver Generated Tours), 5, 6 (accrued fees), 7, 10, 11, 13, 14, 15, 17, 18, and 19 — survive.

Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet or upstream provider failures, governmental actions, pandemics, or failures of third-party AI providers.

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties irrevocably submit to the exclusive jurisdiction of the courts sitting in Montreal, Quebec, for any dispute arising out of or related to these Terms, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Each party waives any objection based on inconvenient forum.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between the parties regarding the Service and supersede prior agreements on that subject.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
• No waiver. Failure to enforce a provision is not a waiver of the right to do so later.
• Assignment and change of control. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent; any attempt to do so without that consent is without effect. We may assign or transfer these Terms, in whole or in part, together with your account, Customer Content and related data, without your consent, to an affiliate (an entity that controls, is controlled by or is under common control with Primir Inc.) or to any successor or acquirer in connection with a merger, amalgamation, arrangement, reorganization or change of control of Primir Inc., or a sale or transfer of all or part of its business or assets, including the sale of the Pictoflix business or Service on its own. The license in Section 4 transfers with them, and personal information transfers in accordance with the Privacy Policy. You consent in advance to any such assignment. A change of control of Primir Inc. is not an assignment and requires no consent. Except where applicable law requires otherwise, none of these events entitles you to a refund; you may close your account at any time. We or the assignee will notify you by email or in the Service within a reasonable time, and no later than 30 days, after the assignment takes effect. The assignee must agree in writing to assume these Terms, including unused credits and prepaid fees; from then on it is bound in our place and, to the extent permitted by law, Primir Inc. is released from obligations arising after the assignment but remains responsible for those that arose before it. These Terms bind and benefit the parties and their respective successors and permitted assigns.
• No third-party beneficiaries. Except as expressly stated, these Terms confer no rights on any third party.
• Notices. We may send notices via email to the address on your account or by posting them in the Service. Notices to us must be sent to hello@pictoflix.com.
• Independent contractors. The parties are independent contractors; nothing creates a partnership, agency, joint venture, or employment relationship.
• Language. The parties expressly request that these Terms and all related documents be drawn up in English. Les parties ont expressément demandé que ces conditions et tout document s'y rapportant soient rédigés en anglais.

We may update these Terms from time to time. We will post the updated Terms here with a new "Last updated" date and, for material changes, give reasonable advance notice (e.g. by email or in-product banner) before they take effect. Continued use of the Service after the effective date constitutes acceptance.

Primir Inc. (Pictoflix) — Montreal, Quebec, Canada
General: hello@pictoflix.com
Legal: hello@pictoflix.com
Privacy: hello@pictoflix.com
Security: hello@pictoflix.com

See also our Privacy Policy and our Accessibility Statement.