These Terms & Conditions ("Terms") govern your access to and use of the ProVideoTours website (provideotours.com) and desktop application ("the App"), operated by ProVideoTours, LLC ("ProVideoTours," "we," "us," or "our"). By using our website or the App, you agree to these Terms. If you do not agree, do not use our website or the App.
ProVideoTours is a desktop software application that allows real estate agents, brokers, photographers, videographers, marketing teams, and other business users to create branded video tours from property photos and video clips. Video tours are processed and rendered locally on your own computer hardware.
You must be at least 18 years old to create an account, initiate a trial, or purchase a subscription. Each subscription or trial issues a unique activation license key licensed for use by a single user up to the specific device limit of your chosen plan. You are solely responsible for keeping your account credentials and activation keys confidential.
ProVideoTours offers four (4) plan tiers. All paid tiers are billed on a recurring quarterly basis. By subscribing to a paid plan, you authorize ProVideoTours (via our third-party payment processor, Stripe) to automatically charge your payment method each quarter until you cancel.
A "Paid User" is a registered user maintaining an active, paid Night Owl, Key Master, or Deal Saver subscription. A "Rising Star" subscriber is a registered user utilizing the 30-day trial who does not maintain a paid subscription. ProVideoTours reserves the right to change, modify, add, discontinue, or rename plans, features, or pricing at any time, providing reasonable advance notice of material changes in accordance with applicable law.
The App relies on a periodic license check. Upon launch, the App contacts our server using your activation key to verify your plan tier, image limits, device limits, activation counts, and expiration status.
6.1 Ownership: You retain full ownership of the photos, videos, assets, and rendered tours you create using the App ("Your Content"). We claim no ownership over Your Content.
6.2 Local Data Storage Responsibility: ProVideoTours does not host, store, sync, or back up your raw project files, imported assets, or finished video tours on cloud servers. You assume 100% sole responsibility for backing up your own project files, assets, and rendered videos. ProVideoTours, LLC is not liable for any data loss, file corruption, or hardware failures that result in the loss of Your Content.
6.3 Your Responsibilities: You represent and warrant that:
You are solely responsible for ensuring your finished tours comply with all local marketing, advertising, and professional disclosure rules that apply to your industry.
You agree not to use the App or our website to:
Independent of enforcement, the App collects lightweight, best-effort diagnostic metadata sent to our servers:
If the application cannot reach our server, these events fail gracefully, and your local export or activation will complete normally.
The App, our website, and all associated software, source code, designs, and trademarks are the exclusive property of ProVideoTours, LLC. All other trademarks are the property of their respective owners. Nothing in these Terms grants you any right to use our trademarks, branding, or proprietary software outside of the limited desktop license granted to you as an active user.
THE APP AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR ABSOLUTELY COMPATIBLE WITH FUTURE OPERATING SYSTEM UPDATES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDEOTOURS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE APP OR WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS, LOST PROFITS, COMPUTER CRASHES, OR REGULATORY PENALTIES RELATED TO YOUR MARKETING CONTENT.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PROVIDEOTOURS, LLC FOR ALL CLAIMS, DISPUTES, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO PROVIDEOTOURS, LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the website shall be settled by binding, individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The place of arbitration shall be St. Petersburg, Florida, and the proceedings shall be conducted in English.
Class Action Waiver: YOU AND PROVIDEOTOURS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.
These Terms and any disputes arising out of them are governed exclusively by the laws of the State of Florida, without regard to its conflict of law principles. To the extent any dispute is permitted to be heard in a court of law (such as enforcing an arbitration award), both parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Pinellas County, Florida.
We may suspend or terminate your license key and access to the App or website immediately and without notice if you violate these Terms, fail to clear automated quarterly billing, or engage in behavior that threatens the security or integrity of our software.
We may update these Terms from time to time. We will provide advance notice of material changes on our website or via email. Continued use of the App or website after changes are posted constitutes your explicit acceptance of the updated Terms.
Questions or official legal notices regarding these Terms can be directed to: legal@provideotours.com