Terms of Service

VSS provides creative and marketing-related services, which may include virtual staging, image editing, photo enhancement, virtual decluttering, rendering, remodeling visualization, brochures, social media assets, floor plans, copy support, and related services (collectively, the “Services”).

All services are delivered electronically unless we expressly agree otherwise in writing.

We may modify, suspend, or discontinue any part of the Services at any time.

You represent and warrant that:

• you are at least 18 years old
• you have the legal authority to enter into these Terms
• if you are acting on behalf of a company, brokerage, team, developer, agency, or other entity, you have authority to bind that entity
• all information you provide to us is accurate and complete

Quotes, proposals, pricing, and service descriptions are invitations to do business and are subject to acceptance by VSS.

We may refuse, cancel, or limit any order in our discretion, including where:

• required materials are missing, defective, or unsuitable
• payment is incomplete or fails
• the request is outside our scope
• the request creates legal, business, operational, or quality concerns

You are solely responsible for:

• providing accurate and complete instructions, materials, and information
• ensuring you have all necessary rights, licenses, permissions, and consents for any materials you provide
• reviewing all deliverables before use
• determining whether deliverables are appropriate for your intended use
• complying with all laws, rules, regulations, disclosure requirements, platform requirements, brokerage rules, MLS rules, advertising standards, and professional obligations applicable to your use of the deliverables

You acknowledge that VSS is not a law firm, brokerage, real estate broker, appraiser, inspector, surveyor, architect, engineer, or compliance advisor, and we do not provide legal, regulatory, brokerage, or compliance advice.

You are solely responsible for the final review, approval, publication, and use of all deliverables.

“Customer Content” means all materials, files, images, photos, floor plans, logos, text, property information, branding assets, and other content you provide to us.

You retain your ownership rights in Customer Content. You grant VSS a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, adapt, display, distribute, and otherwise use Customer Content as reasonably necessary to:

• provide the Services
• create, revise, and deliver work
• communicate with you
• maintain records and backups
• support operations
• protect our rights
• operate, improve, and maintain our business and workflows

You represent and warrant that you own or control all rights necessary for the foregoing license and for the requested use of the Customer Content.

“Deliverables” means the final work product provided by VSS as part of the Services.

Subject to full payment of all fees due:

• you retain ownership of your Customer Content
• VSS retains ownership of its pre-existing materials, templates, systems, processes, methods, know-how, designs, internal tools, concepts, workflows, and other proprietary materials
• VSS grants you a non-exclusive, non-transferable license to use the final Deliverables for your internal business and marketing purposes related to the applicable property, listing, project, campaign, or brand use originally contemplated by the order

Unless expressly agreed in writing:

• source files, working files, layered files, raw files, editable files, internal prompts, internal notes, intermediate drafts, and production materials are not included
• rights do not transfer until full payment is received
• you may not resell, sublicense, or redistribute Deliverables as standalone products
• you may not use Deliverables for a different property, project, or client than originally intended without our prior written consent

All projects are presumed eligible for portfolio use unless VSS expressly agrees otherwise in writing before project start.

Unless otherwise agreed in writing, VSS may display completed Deliverables, including before-and-after examples and associated non-confidential project context, in our portfolio, website, social media, case studies, pitch materials, and other marketing materials.

VSS may, in its discretion, satisfy its obligation under the satisfaction guarantee by providing reasonable revisions within the original scope of the order or by issuing a full refund.

Revision requests must be made within 14 days after delivery of the applicable Deliverables.

The satisfaction guarantee applies only to the original scope of the order. Requests involving new instructions, materially changed direction, new style preferences, additional rooms, additional deliverables, or other work outside the original scope may require a new order or additional fees.

No refund, credit, or revision obligation will apply where:

• the request is made more than 14 days after delivery
• the dissatisfaction arises from inaccurate, incomplete, or misleading instructions or source materials provided by you
• you have materially changed the intended use after delivery
• the request concerns work outside the original scope
• the Deliverables have been materially altered by anyone other than VSS after delivery

For larger, custom, enterprise, or unusually complex projects, VSS may provide separate written terms governing revisions, refunds, credits, acceptance, and project scope. Those written terms will control to the extent they conflict with these Terms.

Any turnaround time we provide is an estimate only unless expressly stated otherwise in writing.

We are not liable for delays caused by incomplete instructions, poor source materials, customer delays, technical failures, vendor outages, force majeure events, or other causes beyond our reasonable control.

You agree to pay all fees, taxes, and charges associated with your order.

Unless otherwise stated:

• payment is due at checkout or pursuant to invoice terms
• overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law
• we may suspend work or withhold delivery if payment is late, disputed, or incomplete
• you are responsible for reasonable collection costs and attorneys’ fees where permitted by law

The Services are creative and marketing services. VSS does not guarantee any particular outcome, including:

• sale, lease, or occupancy of any property
• reduced time on market
• improved performance metrics
• compliance with any law, rule, MLS policy, advertising standard, platform rule, brokerage policy, or other requirement
• that any Deliverable will be error-free, suitable for a particular use, or free from subjective disagreement

Any decisions made based on the Deliverables are made solely by you and at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, SERVICES, AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

VSS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND RESULTS.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE WEBSITE WILL ALWAYS BE AVAILABLE
• THE DELIVERABLES WILL MEET EVERY EXPECTATION OR PREFERENCE
• ANY DEFECT WILL BE CORRECTED

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VSS AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, DELIVERABLES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF VSS ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, DELIVERABLES, OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU TO VSS FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless VSS and its members, managers, officers, employees, contractors, agents, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your Customer Content
• your instructions or requested use
• your use, publication, distribution, or display of Deliverables
• your breach of these Terms
• your violation of law, regulation, rule, disclosure obligation, platform requirement, brokerage requirement, MLS requirement, or third-party right

You may not use the website or Services:

• for unlawful, deceptive, fraudulent, infringing, or harmful purposes
• to violate any third-party rights
• to submit malicious code or interfere with our systems
• to conceal material facts, defects, or conditions where doing so would violate applicable law or create liability
• in any way that could damage, disable, or impair our systems, business, or reputation

We may suspend or terminate access for misuse.

We may suspend or terminate your access to the website or Services at any time, with or without notice, if we believe you have violated these Terms, created risk, or otherwise engaged in improper conduct.

Termination does not affect payment obligations, accrued rights, or provisions that by their nature should survive termination, including ownership, disclaimers, limitations of liability, indemnities, and governing law.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms, the website, or the Services shall be brought exclusively in the state or federal courts located in Travis County, Texas, and each party consents to personal jurisdiction and venue in those courts.

We may revise these Terms from time to time. The updated version will be posted with a revised “Last Updated” date. Your continued use of the website or Services after the updated Terms become effective constitutes acceptance of the revised Terms.

These Terms, together with any accepted quote, proposal, invoice, order confirmation, and our Privacy Policy, constitute the entire agreement between you and VSS regarding the subject matter here.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect.

Our failure to enforce any provision of these Terms is not a waiver of that provision.

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, reorganization, or sale of assets.