Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you ("you", "Customer") and Pictoflix, 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", "we", "us"). Contact: hello@pictoflix.com.

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.

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.

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 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, Pictoflix 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, bundle prices, credits, cost-plus invoices, 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.
• 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 (per uploaded photo, rendered as a 5-second cinematic shot). The introductory rate of $4.50 USD (or $5.99 CAD on CAD accounts) per photo applies to your first tour on the account; every render after is billed at $7.50 USD (or $9.99 CAD) per photo. The number of photos equals the number of photos rendered (up to a hard cap of 20 per tour). The total charge is displayed and confirmed before each render.
• Pay-as-you-go. Pay-as-you-go renders are charged to your card on file at the confirmed rate. 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.
• Prepaid credit bundles. Credit bundles (currently 50 credits for $300 USD / $399 CAD and 200 credits for $1,125 USD / $1,499 CAD) are sold as one-time purchases. One credit renders one clip (one photo). Credits are non-transferable, non-refundable once purchased, and do not expire. Bundle purchases are recorded in an append-only ledger tied to your account.
• 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 prepaid credit bundles — 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), and legacy add-ons (Cinematic HD upgrade, AI voiceover, vertical 9:16, Signature bundle) made before the switch to per-photo pricing remain honored on the properties and terms they were purchased under. 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 $30 USD (or $40 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 $22.50 USD at the $7.50 per-photo rate, or $29.97 CAD at the $9.99 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 realtors 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; if those credits have already been consumed, the resulting negative balance will be debited against future credits. 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 and bundle prices with at least 30 days' notice; changes apply only to renders and bundle purchases initiated 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 and may delete your account at any time. 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. You may not assign these Terms without our prior written consent; we may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.
• 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.

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