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TERMS OF SERVICE

Terms of Service for Real Estate Marketing Services

These Terms of Service ("Agreement") are entered into between Substance II, dba Substance II Real Estate Media and Aerial Imaging, an LLC registered in NEW MEXICO, hereinafter referred to as "Company," and the individual or entity requesting real estate marketing services, hereinafter referred to as "Client."

1. Ownership of Deliverables:

All materials, including but not limited to photographs, videos, floorplans, virtual tours, and any other deliverables produced by the Company as part of the services rendered, are the exclusive property of the Company.  The Client is granted a limited, non-exclusive, non-transferable license to use these materials for marketing and promotional purposes related to the property specified in the order.

2. Service Description:

The Client engages the Company for real estate marketing services as described in the agreed-upon service package.  The Client acknowledges that the Company is providing a service and is not responsible for the actual state or condition of the property being marketed.

3. Accuracy of Property Floorplans:

All property floorplans provided by the Company are estimates and are as accurate as technology allows.  The Company is not liable for any discrepancies or inaccuracies in the floorplans.

4. Cancellation Policy:

Cancellations must be made at least 24 hours in advance of the scheduled appointment.  Failure to provide timely notice may result in a cancellation fee.

5. Payment Terms:

Payment is required in full before the Client can download the deliverables.  The Company reserves the right to withhold the deliverables until payment is received.

6. Turnaround Time:

The Company commits to a turnaround time of 24 actual hours from the end of the appointment for the delivery of the deliverables. However, due to high volume, this timeframe may not always be achievable.  The Client acknowledges and accepts this possibility of a delayed turnaround.  The Company commits to advise of possible delays at the time of scheduling.

7. Property Readiness and Preferences:

The Client and the homeowner are responsible for ensuring that the property is in a suitable and safe condition for photography and videography.  This includes non-workable conditions, the absence of significant risk of injury, and adherence to any preferences or changes communicated prior to the appointment.

8. Right to Refusal:

The Company reserves the right to refuse service if, upon arrival, the property is not in a condition deemed suitable for photography or if there are significant safety or health concerns.

9. Copyright and Ethical Use:

The Company retains all copyright and intellectual property rights to the deliverables.  The Client agrees to use the deliverables ethically and in compliance with all applicable local laws, governing associations, and MLS standards.

10. Non-Refundable Services:

All services rendered by the Company are non-refundable due to their single-use nature.  Once the deliverables have been accessed, downloaded, and/ or publicly used, no refunds will be granted unless explicitly authorized by the Company.

11. Aerial Work Disclaimer:

The Client and the homeowner acknowledge the potential dangers of aerial work and agree that the Company is not liable for any injuries, damages, or property issues arising from gross negligence, inadequate airspace, or other factors related to aerial photography and videography.  During aerial flights, pilots and spotters are not to be disturbed to ensure safety.

12. Revisions and Discretion:

The Client is entitled to a reasonable number of revisions based on the agreed-upon package.  The Company reserves the right to refuse or limit revisions at its discretion.

13. Virtual Space Hosting Costs:

The Client acknowledges that virtual space hosting costs associated with the Matterport System are an unavoidable expense.  The Company will prorate these costs throughout the year and include them in the Client's billing.

14. Governing Law, Dispute Resolution, and Waiver of Litigation:

This Agreement shall be governed by and construed in accordance with the laws of New Mexico, without regard to its conflict of law principles.  Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in New Mexico.  The Client agrees to waive their right to litigation and consents to dispute resolution handled exclusively by the Company's designated resolution process.

15. Acceptance of Terms:

By placing an order for services through any means, including but not limited to online ordering systems or written agreements, the Client acknowledges having read, understood and agreed to these Terms of Service.

16. Non-Disclosure of Processes, Equipment, and Proprietary Knowledge:

The Client agrees to treat all information related to the processes, equipment, and proprietary knowledge utilized by the Company as strictly confidential in the provision of its real estate marketing services.  The Client shall not disclose, reproduce, distribute, or otherwise make available any information pertaining to the Company's methodologies, equipment specifications, trade secrets, or any other proprietary knowledge.  This obligation of non-disclosure shall remain in effect during the term of engagement and following the termination of services.  The Client acknowledges that any unauthorized disclosure of such information may result in legal action and damages.

This is merely to protect our competitive advantage and ensure that we protect the interests of all our customer base.  We extend the same level of confidentiality to our clients regarding any aspect of our engagement.  

17. First-Come, First-Served and Equal Service Commitment:

The Company operates on a first-come, first-served basis in scheduling and fulfillment of its real estate marketing services.  The Client acknowledges that appointment availability may be subject to demand and availability.  While the Company strives to accommodate all clients' needs, the scheduling of appointments and delivery of services shall be based on the order in which requests are received.

The Company is committed to providing all clients with the same level of service, professionalism, and quality of deliverables.  Each client is entitled to a consistent and equitable experience, irrespective of the size of the project or the duration of the engagement.  The Company maintains its dedication to delivering exceptional results, adhering to industry standards, and upholding its reputation for excellence.

By engaging the Company's services, the Client acknowledges having read and agreed to this First-Come, First-Served and Equal Service Commitment clause in addition to the Terms of Service. 

These terms are binding upon both parties and constitute the entire agreement between the Client and the Company.

Substance II ©

Substance II, LLC

DBA Substance II Real Estate Media and Aerial Imaging, LLC.

505-323-9436

Agreed and accepted if order is placed or appointment is scheduled.

(Client's electronic acceptance of these terms shall be deemed equivalent to a physical signature.)