These Terms of Service (“Terms”) are a binding agreement between you and Tourly (“Tourly”, “we”, “us” or “our”) and govern your access to and use of the Tourly website, application, and services (collectively, the “Service”). By accessing or using the Service, creating an order, or clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not use the Service.
1. The Service
Tourly uses automated and artificial-intelligence tools to generate video tours and related media from listing photos and other inputs you provide. The Service produces AI-generated content. Output is inherently probabilistic and may vary in style, accuracy, and quality between generations. We do not warrant that any specific result, appearance, timing, or outcome will be achieved.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service you represent that you meet these requirements and that you are using the Service for lawful, business-related purposes.
3. Your content and the rights you grant
“Your Content” means the photos, images, text, branding, and other materials you upload or submit. You retain ownership of Your Content. You represent and warrant that:
- you own Your Content or have all rights, licenses, and permissions necessary to submit it and to have it processed by the Service;
- Your Content, and our processing of it, does not and will not infringe or violate the rights of any third party (including intellectual property, privacy, publicity, or contractual rights); and
- you have the right to depict any property, person, or trademark shown in Your Content.
You grant Tourly a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, and process Your Content solely to operate, provide, secure, and improve the Service and to create the output you request. We do not claim ownership of Your Content.
4. Output and ownership
Subject to your full payment and to your compliance with these Terms, we assign to you the rights we hold in the specific video tour delivered to you (the “Output”), so that you may use it to market the associated listing across the MLS, social platforms, and your own channels. We retain all rights in the Service itself, including our software, models, templates, and underlying technology. Because AI systems can produce similar results for different users, we do not guarantee that Output is unique, and you may not claim exclusive rights over generic or commonplace elements of it.
5. AI-generated media and your responsibilities
The Output is a stylized, AI-generated visualization — not a factual photographic record of a property. You are solely responsible for how you use the Output, including ensuring that it:
- does not misrepresent the condition, features, size, or location of any property;
- complies with all applicable laws and rules governing real-estate advertising, your local MLS and association rules, fair-housing laws, and platform policies; and
- includes any disclosure that AI-generated or digitally altered content is present where such disclosure is required.
You — not Tourly — are the advertiser and publisher of the Output and are responsible for its accuracy and compliance.
6. Acceptable use
You agree not to use the Service to:
- upload content that is illegal, infringing, defamatory, obscene, or that you lack the rights to use;
- create content intended to deceive, defraud, or mislead, or that violates fair-housing or advertising laws;
- reverse engineer, scrape, overload, or interfere with the Service, or attempt to access it by unauthorized means; or
- resell or provide the Service to third parties except as permitted.
We may refuse, remove, or suspend any content or account that we believe, in our sole discretion, violates these Terms or applicable law.
7. Orders, pricing, and taxes
The Service is offered as one-time purchases at the prices shown at checkout. Prices, packages, and features may change at any time, but changes will not affect orders already placed. You are responsible for any applicable taxes. Payments are processed by our third-party payment provider; by purchasing, you also agree to that provider’s terms.
8. Refunds and money-back guarantee
If you are not satisfied with your Output, you may request a refund through the receipt provided at checkout or by contacting us at support@tourly.com. Approved refunds return the amount you paid for the affected order. Refunds are provided at our reasonable discretion and may be limited or declined in cases of abuse, fraud, or repeated refund requests. Except where required by law, refunds are your sole and exclusive remedy for dissatisfaction with the Output.
9. Third-party services
The Service relies on third-party providers for payments, hosting, content generation, and analytics. We are not responsible for the acts, omissions, or availability of these providers, and your use of features that depend on them may be subject to their terms.
10. Disclaimer of warranties
THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT OUTPUT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOURLY AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE ORDER GIVING RISE TO THE CLAIM OR USD $100.
12. Indemnification
You agree to defend, indemnify, and hold harmless Tourly and its owners, employees, and suppliers from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content; (b) your use of the Output, including any real-estate, advertising, fair-housing, or disclosure violation; (c) your breach of these Terms; or (d) your violation of any law or third-party right.
13. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or to protect the Service. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
14. Changes to the Service and Terms
We may modify or discontinue any part of the Service, and we may update these Terms from time to time. Changes are effective when posted with an updated date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
15. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Before filing any claim, you agree to first contact us at support@tourly.com and attempt to resolve the dispute informally for at least 30 days. Any dispute that cannot be resolved informally will be resolved by final and binding individual arbitration, and you and Tourly waive any right to a jury trial and to participate in a class or representative action, to the extent permitted by applicable law. If this waiver is found unenforceable, the dispute will be heard by the courts located in the jurisdiction named above.
16. Miscellaneous
These Terms, together with our Privacy Policy, are the entire agreement between you and Tourly regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17. Contact
Questions about these Terms? Contact us at support@tourly.com.