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Terms of Service & Policies

These Terms of Service govern the booking, purchase, delivery, access, and use of Listivo® services and media. By placing an order, booking an appointment, submitting media, or accessing delivered content, the customer agrees to these terms.

Updated today

1. Services and Order Acceptance

Listivo® provides real estate media and related services. Submission of an order request does not guarantee acceptance. All orders are subject to review and approval by Listivo®, and Listivo® reserves the right to request additional information before confirming an appointment or beginning work.

Customers are responsible for providing accurate property information, project details, requested services, access information, and any other relevant instructions at the time of booking. Each listing address must be submitted as a separate order.

If a customer does not receive an email, text message, or push notification shortly after placing an order, the order may not have been successfully completed. Customers are responsible for promptly verifying order status and contacting Listivo® if confirmation is not received.

2. Scheduling, Availability, and Media Provider Assignment

Appointment availability depends on the type of service requested, the property location, current schedule openings, and real-time media provider availability. Same-day appointments may be available in some cases. Appointments may also be scheduled several months in advance. Weekend availability is offered in many markets but is not guaranteed. Customers are encouraged to book as early as possible, even if the requested date is tentative.

Listivo® reserves the right to assign or reassign any appointment to any available Listivo® media provider as needed for scheduling, service coverage, weather adaptation, travel efficiency, operational needs, or other business reasons. If a customer requests a specific media provider, that request must be submitted in the special requests section during the order process. Listivo® will make reasonable efforts to accommodate such requests but does not guarantee the availability of any specific media provider.

3. Estimates, Pricing, and Scope Adjustments

All estimates and quoted prices are based on the property details, project scope, and services requested by the customer. Pricing may depend on square footage, acreage, property type, travel, complexity, selected package, requested deliverables, and any add-ons, enhancements, or special requests. Final pricing is determined through Listivo®’s booking system or through direct written confirmation by Listivo®.

If the actual property size, site conditions, service requirements, or project scope differ from the information originally provided, Listivo® reserves the right to adjust pricing, package level, service scope, or required coverage accordingly. If the selected package does not match the actual property size or service needs, the order may be adjusted to the appropriate coverage level. Acreage-based, square-footage-based, and custom pricing may apply depending on the service category. Rush fees, travel fees, advanced editing fees, split-appointment fees, and other additional charges may apply where relevant.

4. Rescheduling, Postponements, and Cancellations

Customers must log into their Listivo® account and directly complete any reschedule, postponement, or cancellation action within the applicable order and appointment record. No reschedule, postponement, or cancellation is effective unless and until the appointment status has been updated in the Listivo® system. A phone call, voicemail, text message, email, chat message, or other informal communication alone does not constitute a completed appointment change.

Customers are solely responsible for monitoring weather, site conditions, and property readiness, and for timely completing any appointment change when needed. Listivo® does not automatically reschedule appointments due to weather, site conditions, or property readiness issues. Listivo® does not know the customer’s listing timeline, publication deadline, go-live schedule, contractual obligations, or other time-sensitive marketing requirements, and therefore will not assume that a reschedule or postponement is possible, appropriate, or desired.

Appointment times are limited and are reserved specifically for the customer’s project. Because Listivo® media providers are not compensated on an hourly basis, and because late appointment changes may result in lost production time, travel expense, scheduling disruption, and the inability to rebook the reserved appointment slot for another customer, the customer agrees that the following fees are a reasonable estimate of the losses likely to be incurred by Listivo® and are not intended as a penalty.

If the appointment is rescheduled, postponed, or canceled more than three (3) hours before the scheduled appointment time, no late-change fee will apply.

If the appointment is rescheduled, postponed, or canceled less than three (3) hours before the scheduled appointment time, but before the assigned Listivo® media provider has begun travel to the subject property, Listivo® may charge a late-change fee equal to twenty-five percent (25%) of the full invoice amount.

If the appointment is rescheduled, postponed, or canceled after the assigned Listivo® media provider has begun travel to the subject property, Listivo® may charge a late-change fee equal to thirty-five percent (35%) of the full invoice amount.

If the appointment is rescheduled, postponed, or canceled after the assigned Listivo® media provider has arrived on site, or if the appointment cannot be completed because the property is not ready, access is not properly provided, or the customer otherwise prevents completion of the scheduled services, Listivo® may charge a late-change fee equal to fifty percent (50%) of the full invoice amount.

5. Property Access

Customers are responsible for ensuring that access to the property is available at the scheduled appointment time. If no one will be present to provide access, the customer must provide complete and accurate entry instructions at the time the order is placed, including any gate codes, lockbox codes, Supra FlexCode™, unlocked entry information, occupancy notes, or other relevant access details.

If access instructions change, the customer must update them directly within the applicable order in the Listivo® Customer Portal. Updated access information should not be sent by text message, email, phone call, or other informal communication as a substitute for updating the order. Updating the order ensures that the instructions are properly recorded and transmitted through the platform workflow to the assigned media provider.

If access is not provided at the scheduled appointment time due to missing, incorrect, or outdated instructions, the appointment may be treated as a failed visit and may be subject to rescheduling fees, travel charges, or other applicable costs. Listivo® is not responsible for delays, incomplete service, or additional charges resulting from inaccessible properties, denied entry, or inaccurate access instructions.

6. Preparation Standards

Customers are responsible for ensuring that the property is fully prepared and ready for service before the scheduled appointment time. This includes general cleanliness, decluttering, staging where applicable, utility readiness, exterior readiness, and overall site condition. Listivo® strongly recommends professional cleaning prior to the appointment when needed.

The property must be prepared for camera-ready presentation, including the removal or minimization of visible clutter, personal items, privacy-sensitive materials, and other distractions that may appear in photos, video, virtual tours, window views, reflections, or drone media. Customers are responsible for both interior and exterior presentation. This includes, where applicable, removing or properly storing vehicles, trash bins, hoses, tools, toys, pet items, yard clutter, signage, flyers, and other visible items that may negatively affect the final media or create MLS compliance concerns.

Customers should not assume that items can simply be moved from room to room during the appointment. If items need to be removed from view, they must be placed in a true storage location, such as a garage, closet, pantry, storage room, or another out-of-frame area. The property should be substantially camera-ready before the appointment begins.

To avoid liability, Listivo® does not move heavy, fragile, valuable, personal, or sensitive items and does not deep-clean, organize, repair, or stage the property. Minor adjustments to small items may be made at the discretion of the media provider, but Listivo® is not a cleaning, moving, repair, or staging service. If the property is not sufficiently prepared at the time of arrival, Listivo® may proceed with the service based on the property’s condition at that time, reduce the scope of coverage, recommend paid editing where feasible, reschedule the appointment, or apply additional charges. Listivo® is not responsible for reduced media quality, incomplete coverage, delays, or additional costs resulting from a property that is not ready for service.

If any person must remain on site during the appointment, that person must stay out of active shooting areas and may be required to remain in one room or otherwise move as directed to avoid appearing in photos, video, reflections, or virtual tours. Pets must be secured during capture. Listivo® may require that occupants, pets, or vehicles be moved or contained as reasonably necessary to complete the services effectively.

If branded signage, brokerage materials, flyers, directional signs, or other marketing materials appear on site, customers are responsible for removing or concealing them before capture whenever MLS compliance or other distribution rules require unbranded media. If such items cannot be removed, Listivo® may attempt to avoid them, may recommend paid removal edits where feasible, or may proceed subject to the limitations of the service type. Some media, including video and virtual tours, may not allow complete post-production removal.

If the property is a spec home, commercial space, or property under construction, the customer should have a representative preview the property more than three (3) hours in advance to confirm that it is ready. Otherwise, Listivo® may capture the media based on the property’s current condition, stage of completion, occupancy, or construction phase.

7. Operational Interruptions: Changing Weather, Site Conditions

Services that depend on outdoor or on-site conditions may be affected by weather, precipitation, wind, lighting, snow, smoke, seasonal conditions, access limitations, or other operational factors, including conditions that change while the media provider is on site. Listivo® reserves the right, in its sole discretion, to determine whether conditions are suitable for safe, effective, and commercially reasonable capture.

Operational interruptions may also include the presence or arrival of third parties at the property before or during the appointment, including, without limitation, subcontractors, utility company personnel, repair technicians, inspectors, movers, cleaners, staging personnel, occupants, guests, or other individuals whose presence, vehicles, equipment, materials, noise, or work activity may interfere with capture or appear in the final media.

If conditions are not suitable, or if third-party activity interferes with the services, Listivo® may reschedule, delay, modify, reduce, avoid certain areas, or partially complete the services based on the conditions present at the time. Listivo® may proceed with only those portions of the property or services that can be reasonably captured under existing conditions, while excluding or limiting areas affected by interruptions, safety concerns, noise, visible personnel, equipment, vehicles, temporary work, utility activity, or other operational constraints.

If a portion of the services cannot be completed during the scheduled appointment due to weather, lighting, site conditions, access limitations, third-party interruptions, or other operational factors, Listivo® may offer an additional appointment to complete the remaining services, subject to applicable minimum charges, additional travel charges where applicable, and scheduling availability. The customer may decline such additional appointment; however, Listivo® shall have no responsibility for any undelivered portion of the services that could not be completed under the conditions present at the original appointment.

If weather, site conditions, or third-party interruptions result in the need for additional post-production work, including object removal, cleanup, or correction of visible interference, additional editing fees may apply where such edits are feasible. Some deliverables, including video, motion media, drone media, and virtual tours, may not allow complete removal of such conditions or interruptions in post-production. In those cases, Listivo® may instead avoid affected areas, limit coverage, proceed with partial capture, or recommend a return appointment.

When appropriate and approved, certain deliverables may use virtual enhancements as an alternative to ideal in-person conditions. All service timelines, coverage, deliverables, and outcomes remain subject to weather, lighting, access, site conditions, third-party interruptions, and other operational limitations.

8. Payment Terms

Accepted payment methods may include credit card, debit card, check, and ACH, subject to availability and approval by Listivo®. Unless a written contract expressly provides for Net 30 or other approved payment terms, payment is due in full prior to media delivery. Listivo® may withhold download access until full payment has been received. Prepayment may be required in some cases and may also be offered as an option at Listivo®’s discretion.

Listivo® may store payment methods when authorized by the customer. Customers are responsible for paying all approved charges, including base service fees, add-ons, travel fees, rush fees, editing charges, and approved custom work. Failure to pay may delay or prevent access to media, downloads, portals, websites, or related services. Through the platform, users may only pay using their own payment methods. Team admins may not use another team member’s card on file unless separate authorization and payment arrangements have been made outside the platform.

Any invoice not paid within thirty (30) days of the invoice date shall be deemed past due. Beginning on the thirty-first (31st) day, a one-time late fee equal to five percent (5%) of the unpaid balance shall be added to the account. In addition, the unpaid balance shall accrue interest thereafter at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower, until paid in full. Failure to pay any amount when due constitutes a material breach of these Terms.

If any account remains unpaid for sixty (60) days or longer, Listivo® reserves the right, in its sole discretion and in addition to any other rights or remedies available at law or in equity, to suspend services, revoke access to downloads, portals, websites, and delivered media, refuse future bookings, refer the account to collections, and initiate legal proceedings in a court of competent jurisdiction to recover all amounts due.

The customer agrees to pay all lawful costs of collection and enforcement incurred by Listivo®, including, without limitation, late fees, accrued interest, court costs, filing fees, service fees, collection costs, and reasonable attorneys’ fees to the extent recoverable by law.

The customer further acknowledges and agrees that if Listivo® initiates legal proceedings to recover unpaid amounts, the existence of the lawsuit, the names of the parties, the claims asserted, docket entries, pleadings, filings, motions, hearings, orders, judgments, and other case-related information may become part of the public record unless sealed or otherwise made confidential by law or court order. As a result, both the customer’s name and Listivo®’s name may appear in publicly accessible court records.

9. Travel Fees and Service Area

Listivo® strives to accommodate remote and long-distance projects and generally services properties located within a five-hour or greater radius of an assigned media provider’s home base. Travel costs may be included in total project pricing where applicable. Any applicable travel fee is calculated based on drive time from the assigned media provider’s location and may vary depending on provider assignment.

The first twenty (20) minutes of drive time are included at no charge. After the first twenty (20) minutes, travel may be billed at $2.50 per minute, or at another rate expressly quoted by Listivo® for the specific project. Travel pricing may vary based on route, traffic, weather, access difficulty, project scope, and other operational factors.

10. Drone Operations and FAA Limitations

Drone services are subject to FAA regulations, airspace restrictions, weather, site conditions, safety considerations, equipment limitations, and the judgment of the remote pilot in command. Under standard FAA Part 107 operations, drone flights are generally subject to limits including visual line-of-sight requirements, altitude restrictions, airspace authorization requirements, and other applicable operational rules. Certain operations, including some flights in controlled airspace, certain flights near or over people or moving vehicles, and other non-standard operations, may require additional compliance measures, special authorization, waiver approval, or may not be legally or safely feasible at all.

As a result, some requested drone shots, flight paths, distances, altitudes, property-to-landmark transitions, or creative concepts may not be legally, safely, or commercially practicable under standard Part 107 operations. Listivo® reserves the right, in its sole discretion, to modify, limit, refuse, delay, or discontinue drone capture whenever necessary for legal compliance, airspace restrictions, safety, equipment limitations, weather, site conditions, or professional judgment.

When drone capture is restricted, impractical, or likely to create unreasonable legal, safety, or operational risk, Listivo® may recommend alternative services, including 3D Satellite Mapping Video, ground-based capture, LiDAR-based media, or other map-based or non-drone visual products.

11. Photography Package Scope and Limitations

Photography packages include only the photography services, deliverables, and coverage scope specifically ordered. Limited-image, budget-minded photography packages are not intended to provide comprehensive property coverage and may require the exclusion of certain angles, viewpoints, spaces, features, or other photography coverage that could otherwise help present the property more completely. Under these limited-image packages, final shot selection, angle selection, and overall coverage decisions remain at the discretion of the assigned Listivo® media provider based on the image count purchased, the layout of the property, and the need to prioritize the most important spaces. Customers acknowledge that Listivo® may not capture every angle, perspective, or variation they might have preferred under a limited-image package.

For this reason, Listivo® generally recommends limited-image packages only for smaller units, distressed properties, or partial reshoots where reduced coverage is appropriate. The Basic 25-image and Essential 35-image packages are not standard public offerings on the order form and are generally made available only upon request because they are not Listivo®’s recommended coverage level for most listings. Listivo®’s preferred photography standard is more comprehensive coverage designed to help the property be marketed effectively and captured correctly the first time.

The Unlimited Photography Package refers only to the number of images captured during the scheduled appointment for that specific shoot. It does not include repeat visits, additional appointments, return trips at different times of day, or multiple photography sessions during the listing period or from list to sale. The Unlimited Photography Package is intended to provide more comprehensive coverage, greater angle variety, and a stronger likelihood of capturing the property thoroughly during the scheduled appointment so the listing can be brought to market quickly and efficiently.

Golden Hour and dusk photography are captured within a short, rapidly changing window of light. Because lighting conditions change quickly, coverage may be more limited than during a daytime shoot, and not all areas of the property may be captured within the available time. Property preparation can also affect media capture during this narrow window, so delays in getting the home ready may further limit what can be completed.

Exterior-only photography packages do not include interior coverage unless expressly ordered. If photography services within a single order are split across multiple days, additional charges may apply, and a new service minimum may be required for any return visit.

For larger properties, customers may elect to have only a selected portion of the property included in an exterior-only photography session in order to reduce scope and cost. For example, if a property consists of 200 acres, the customer may request that only 5 acres be photographed. Any such limitation in coverage must be clearly requested during the order process, and the final service fee will be based on the reduced scope approved by Listivo®.

12. Video Package Scope and Limitations

Video packages include only the video services, deliverables, and coverage scope specifically ordered. Different video products are created for different purposes, budgets, and levels of production. Customers should not expect a budget-minded video package to provide the same scope, coverage, shot variety, lens variety, production value, or editing depth as a higher-end video product.

Budget walkthrough videos are designed to provide a simpler, more efficient video presentation. They are not intended to offer the same level of coverage, cinematic styling, lens and shot variety, multiple-angle room coverage, production planning, or editing refinement as a Detailed Cinematic Video. As a result, certain spaces, transitions, angles, feature highlights, or other visual coverage may be limited or excluded based on the selected package, the time available on site, the layout of the property, and the production priorities of that video type. Final shot selection, camera movement, scene emphasis, and overall coverage decisions remain at the discretion of the assigned Listivo® media provider.

Agent walkthrough videos are also limited in scope to the structure and purpose of that specific product. In general, the B-roll captured for an agent walkthrough video is intended to support, illustrate, and visually complement the agent’s scripted or spoken presentation. Agent walkthrough videos are not intended to provide the same complete room-by-room coverage, alternative angles, or broad visual documentation that may be included in other video products. Customers acknowledge that B-roll capture for an agent walkthrough video may be limited to the areas, features, and visual moments relevant to the agent’s messaging, delivery, and storyline.

Detailed Cinematic Video and other higher-end video products are intended to provide broader visual coverage, greater lens and shot variety, more refined camera movement, more extensive editing, and a more polished overall presentation. These products are generally better suited for customers who want a more comprehensive, brand-forward, and visually elevated marketing piece.

Exterior-only video packages do not include interior coverage unless expressly ordered. Likewise, interior-focused video packages may include only the exterior coverage reasonably associated with that product type and may not include expanded land, aerial, or outbuilding coverage unless expressly ordered.

Golden Hour and dusk video are captured within a short, rapidly changing window of light. Because lighting conditions change quickly, coverage may be more limited than during a daytime shoot, and not all areas of the property may be captured within the available time. Property preparation can also affect media capture during this narrow window, so delays in getting the home ready may further limit what can be completed.

If video services within a single order are split across multiple days, additional charges may apply, and a new service minimum may be required for any return visit.

For larger properties, customers may elect to have only a selected portion of the property captured in order to reduce scope and cost. For example, if a property consists of 200 acres, the customer may request that only 5 acres be included in the video coverage. Any such limitation in coverage must be clearly requested during the order process, and the final service fee will be based on the reduced scope agreed upon by Listivo®.

13. Customer Requests, Special Shot Instructions, and Creative Discretion

Customers may submit preferred shots, feature priorities, waypoint priorities, vertical-shot requests, closet coverage requests, and other special instructions when placing an order. Listivo® will make reasonable efforts to accommodate such requests, but does not guarantee that every requested shot, angle, feature, label, edit, or coverage item can or will be completed.

Final creative choices, technical execution, shot selection, angle selection, coverage decisions, and deliverable composition remain subject to field conditions, access, weather, safety, timing, third-party limitations, property readiness, and professional judgment. Customers are responsible for clearly identifying any critical must-have items in advance.

If specific shots, angles, feature priorities, magazine-cover images, or other visual preferences are important, they must be communicated in advance through the special requests section of the order or discussed during a brief walkthrough before the scoped shoot begins. Listivo® does not assume or guess which angle, room, or scene a customer would prefer for a magazine cover or other special-use image. After the scoped shoot begins, the media provider must be allowed to proceed independently so the services can be completed efficiently and with proper attention to creative and technical detail.

During the appointment, customers, owners, occupants, agents, or other persons on site may not follow the media provider from room to room or otherwise shadow the provider throughout the shoot. Doing so interferes with concentration, slows production, and can negatively affect the quality, consistency, and efficiency of the media capture process.

Real estate photography is primarily captured in landscape orientation because MLS systems and most syndication platforms are designed for horizontal image galleries. Vertical photos are not standard coverage. Customers who require vertical shots for social media, magazine covers, print layouts, or other special uses must clearly request those shots in the special requests section of the order. Listivo® does not redundantly capture both landscape and vertical versions of every room or angle. However, because Listivo® uses high-quality cameras, many standard images may be suitable for vertical cropping for certain secondary uses. Narrow showers, pantries, and narrow closets are among the spaces more commonly captured vertically when appropriate.

Standard video capture is performed in 16:9 landscape orientation. Vertical video in 9:16 format for Reels, Stories, Shorts, or similar platforms is not standard unless expressly requested. Customers who require 9:16 vertical video must clearly request it in the special requests section of the order. Unless otherwise specified in advance, Listivo® will capture video in standard 16:9 landscape format.

Closet photography is not included by default for every property. If closet coverage is desired, it must be clearly requested in the special requests section of the order.

Editing requests, including object removal, cleanup requests, or other post-production instructions, should not be directed to the media provider on site, as the media provider does not edit the final media. Any such request must be submitted directly to Listivo® by email at [email protected] or by SMS text message to 833-LISTIVO so that an editing ticket can be created for the post-production team and reviewed during editing prior to media delivery.

14. Media Delivery Timelines

Delivery timelines are estimates only and are not guaranteed. Edited photos are typically delivered by the end of the next business day following the appointment. Because Listivo® media providers are often in the field throughout the day, post-production generally does not begin until the captured media has been uploaded to a computer and synced to the applicable cloud source.

Matterport tours and Zillow 3D Tours are typically delivered by the next business day following the appointment. ListiVue Virtual Tour deliverables generally take longer due to additional processing and their dual-deliverable nature and may take up to three (3) business days. Videos are typically delivered within 24 to 72 hours depending on complexity. Floor plans are typically delivered within 24 hours, although advanced 3D products may take longer. Virtual editing services, including staging and virtual twilight, are often completed within 24 hours, while video editing services are typically delivered within 24 to 72 hours depending on scope and complexity.

Satellite Mapping Video timelines depend in part on customer communication of required waypoints, landmarks, boundaries, and other points of interest. Customers ordering mapping videos are encouraged to provide waypoint and location-reference information promptly after placing the order. Photoshop editing, graphic callouts, and similar post-production work generally begin after Listivo® receives the files to be edited and the related instructions. If the customer asks Listivo® to choose the file or image for the requested edit, Listivo® will make a reasonable selection, but is not responsible if the customer would have preferred a different file or image.

Delivery timing may vary based on order volume, weather, technical issues, property conditions, customer delays, third-party platform limitations, file-transfer timing, complexity, and processing needs. Media may be delivered in stages, and portions of an order may be released as they become ready. Staged or partial delivery does not constitute incomplete performance where remaining deliverables are still in process.

While Listivo® may, in some cases, deliver media on Saturdays or Sundays, weekend delivery is not guaranteed and is not required. Customers should not book services with the expectation that media captured on a Friday will necessarily be delivered on Saturday or Sunday. If next-business-day delivery is important for a Friday appointment, customers should understand that weekend turnaround may not be available and may wish to schedule the appointment on Thursday instead.

Customers should not place an order with the assumption that all deliverables will be returned the next day unless that timing has been expressly confirmed by Listivo®. When possible, customers are encouraged to schedule media appointments several days in advance, and ideally up to one (1) week before any contractual listing date, publication deadline, or intended go-live date, especially when ordering larger media packages, multiple media types, or more complex services.

If a customer’s listing agreement or contractual timeline becomes too compressed to reasonably allow for media production, processing, and delivery, Listivo® may recommend that the customer seek an amendment or extension to the applicable listing timeline as early as possible. Listivo® welcomes last-minute bookings and will make reasonable efforts to accommodate fast and efficient delivery, but cannot guarantee that compressed scheduling or late booking will allow delivery by the customer’s contractual deadline.

Rush delivery may be available only if expressly accepted by Listivo® and may be subject to production capacity, scheduling availability, and additional fees, which will be confirmed before work proceeds.

15. Media Portal Access, Downloads, File Handling, and Storage

Media may be delivered through a customer portal, listing portal, delivery email link, or mobile app. In some cases, a Listivo® account is not required to access delivered media if the customer has a valid download link. Download access may be withheld until payment is received. Download links, hosted media, and platform access may be subject to third-party limitations, expiration, or account requirements.

Customers are responsible for promptly downloading, reviewing, storing, backing up, and preserving their media after delivery. Downloaded content may be provided in ZIP format and may require extraction before use. Unless expressly agreed otherwise in writing, Listivo® is not the customer’s permanent archival storage provider and is not responsible for long-term file storage, expired links, third-party hosting limitations, or data loss outside standard access periods.

Invoices may be available through the Customer Portal and, in some cases, through a public invoice summary page link. Customers are responsible for safeguarding public access links and sharing them only as appropriate.

Media download settings may allow customers to choose print-quality files, web/MLS-quality files, and, in some cases, custom-sized images. Default web/MLS image sizing may be provided at 2048 x 1536 pixels. Customers are responsible for confirming MLS, publication, printer, or platform sizing requirements before download and upload. Listivo® is not responsible for rejection, cropping, formatting issues, or quality loss resulting from customer-selected sizing, reformatting, compression, extraction errors, or platform-specific upload requirements. Listivo® is also not responsible for compatibility issues arising from the customer’s device, software, browser, file-extraction method, or third-party platform.

16. Branded and Unbranded Links » MLS Compliance

Listivo® provides both branded and unbranded property website links or similar presentation options. Branded links may include agent branding, contact information, profile information, logos, social links, and other promotional elements. Unbranded links are generally intended for MLS-compliant or other compliance-sensitive use where branding, agent identification, or promotional content is prohibited.

Customers are solely responsible for determining and complying with the applicable MLS, platform, brokerage, syndication, advertising, and publication rules governing the use of branded and unbranded content. Customers are responsible for using the correct version of any link, website, or media presentation for the intended use. Listivo® is not responsible for penalties, rejections, takedowns, compliance violations, or other issues resulting from the customer’s improper use of branded content where unbranded content is required, or from the customer’s misuse, alteration, mislabeling, or missubmission of any link or media asset.

17. Customer-Provided Media

Customers may provide their own files for editing, enhancement, staging, labeling, twilight conversion, video editing, graphic callouts, or other post-production services. Customer-provided files must be shared through a cloud service using a downloadable link that provides workable access to anyone with the link so the project can begin without delay. Customers must include clear and detailed editing instructions with the submission.

Customers are responsible for ensuring that all linked or uploaded files are complete, accurate, properly organized, accessible, in a usable format, and of sufficient quality for the requested work. Customers are also responsible for ensuring that they have the legal right and authority to provide the files and authorize the requested edits or use.

Listivo® is not responsible for delays, limitations, or unsatisfactory results caused by missing files, broken links, insufficient permissions, inaccessible folders, poor source quality, corrupted files, unsupported formats, incomplete uploads, unclear instructions, or other issues originating from the customer-provided media. Turnaround time for customer-provided media does not begin until Listivo® has received the files, workable access, and sufficient instructions to proceed.

18. Editing, Enhancements, and Revisions

Standard editing is included only where expressly stated in the ordered package. Listivo® captures properties in their actual condition at the time of the appointment and is not obligated to perform additional edits, alterations, or enhancements simply because such edits may be technically possible. Not all requested edits are simple, obvious, appropriate, or feasible. Certain edits may also create concerns regarding accuracy, disclosure, MLS compliance, advertising rules, or potential misrepresentation. Customers are solely responsible for determining whether any requested edit is appropriate for their intended use and compliant with applicable MLS rules, brokerage policies, licensing requirements, advertising regulations, and professional standards.

Additional editing, virtual services, Photoshop work, staging, twilight conversion, generative editing, object removal, sky replacement, landscaping improvements, rendering work, or other custom post-production may incur additional charges. Simple removals on projects captured and delivered by Listivo® may be completed at no charge in limited circumstances, but more advanced edits are billed based on complexity. Virtual staging is typically priced at $50 per image. Advanced Photoshop edits typically range from $25 to $100 per image, depending on complexity. Any non-standard enhancement work may incur additional charges.

Listivo® reserves the right to decline any editing request that, in its sole discretion, is misleading, excessive, impractical, unsupported by the source media, inconsistent with the actual condition of the property, or likely to create legal, ethical, or compliance concerns. Certain requested edits may be achievable for still photography but not for video, drone media, motion media, or virtual tours.

Revision requests may be accepted at Listivo®’s discretion and may result in additional fees. Minor edit requests may be accommodated where feasible, but substantial rework, large-scale alterations, selective reinterpretations of the property, or post-delivery creative changes are not automatically included.

19. Accuracy and Visual Representation

Floor plans, renderings, staging, map overlays, labels, measurements, land visualizations, and similar products are provided for marketing, visualization, and general reference purposes unless expressly identified otherwise in writing. They are not legal surveys, engineering documents, architectural plans, certified measurement instruments, appraisals, title documents, or other professional or regulatory documents unless separately stated in writing.

Virtual staging, virtual twilight, rendering, retouching, generative editing, and similar enhancements may not reflect the exact current physical condition, appearance, or contents of the property. Customers are solely responsible for determining whether their use of edited or enhanced media is accurate, appropriate, and compliant with applicable MLS rules, brokerage policies, advertising rules, disclosure obligations, and any applicable laws, regulations, or professional standards.

Listivo® reserves the right to decline any request to remove, alter, conceal, enhance, or reinterpret permanent fixtures, major damage, material defects, site conditions, or other property features when, in Listivo®’s judgment, the requested change may create a misleading impression, increase the risk of misrepresentation, or conflict with professional, ethical, or compliance standards.

20. Intellectual Property and License of Use

Listivo® retains all copyrights and all other intellectual property rights in and to its work product, including all photographs, videos, floor plans, maps, scans, renderings, edits, designs, compilations, derivative works, project files, source files, and other underlying materials, unless Listivo® expressly agrees otherwise in a written agreement signed by Listivo®.

Upon full payment for the applicable services, the customer is granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the delivered media solely to market the specific subject property for which the media was created. Permitted uses may include, as applicable, MLS and its syndication channels, social media, property websites, digital and print marketing materials, and vacation rental platforms if the media was created for that purpose.

This license is limited to the customer who ordered the services and applies only while that customer has the legal right to market or manage the subject property. The license does not convey any ownership interest in the media or in any underlying copyrights or intellectual property.

Once the subject listing is sold, expired, canceled, withdrawn, transferred to another agent or broker, or otherwise no longer under the customer’s control, the customer’s license to use the media for marketing that property immediately ends unless otherwise agreed in writing by Listivo®.

The customer may not sell, transfer, assign, sublicense, share, repurpose, or otherwise authorize any third party to use the media without Listivo®’s prior written consent. If a new listing agent, property owner, broker, builder, manager, stager, vacation rental operator, or any other third party wishes to use the media, that party must obtain a separate license directly from Listivo®.

Any secondary or successor use may be subject to an additional licensing fee determined by Listivo® in its discretion. In many cases, such fee is 50% of the original service price, excluding travel or other non-licensable charges, but fees may vary depending on the scope and nature of the requested use.

Any use of the media outside the scope of the granted license is unauthorized and may constitute copyright infringement. No license is granted unless and until the applicable invoice has been paid in full. Media associated with unpaid invoices is unlicensed and may not be used for any purpose.

If any customer or third party sells, transfers, relicenses, sublicenses, or otherwise exploits Listivo® media without Listivo®’s prior written consent, Listivo® may demand payment and compliance by written notice and, if necessary, pursue recovery, injunctive relief, damages, attorneys’ fees where permitted, and any other available legal or equitable remedies through formal dispute resolution or court proceedings.

Unless otherwise agreed in writing, Listivo® may use, display, reproduce, publish, and distribute its work product for its own portfolio, marketing, promotional, educational, training, quality-control, and internal business purposes.

21. Third-Party Platforms and Integrations

Some deliverables may depend on, integrate with, be formatted for, or be displayed through third-party platforms, applications, hosting systems, MLS systems, Zillow, Matterport, Google Earth, Land id®, and other third-party services. Listivo® is not responsible for changes to third-party rules, API access, display policies, syndication rules, hosting practices, software limitations, analytics availability, service interruptions, feature removals, account restrictions, or other platform-related limitations or changes.

Eligibility for third-party products, publishing features, embeds, hosting, display, syndication, or integrations is subject entirely to the requirements, policies, technical limitations, and availability of the applicable third party. Listivo® does not guarantee continued compatibility, display, placement, visibility, syndication, analytics, uptime, hosting duration, or performance on any third-party platform.

Use of media on or through a third-party platform does not transfer any ownership interest in the media or any copyright or intellectual property rights to the platform, the customer, or any third party. Unless Listivo® expressly agrees otherwise in a signed writing, Listivo® does not grant any third-party platform any exclusive rights, perpetual rights, unrestricted rights, transferable rights, sublicensable rights, or usage rights beyond the limited license granted to the customer for the applicable listing term and approved use.

The customer is solely responsible for determining whether submission of media to any third-party platform is consistent with the limited license granted by Listivo® and with that platform’s terms, conditions, and technical requirements. If a platform’s terms require broader rights than those granted by Listivo®, the customer may not upload, submit, host, embed, syndicate, distribute, or otherwise provide the media to that platform unless additional rights are first obtained from Listivo® in writing.

Listivo® shall not be liable for any loss of access, removal of media, reduced functionality, reduced visibility, account penalties, rejection of content, changed display format, or other adverse result caused by a third-party platform’s rules, practices, or technical changes.

22. Customer Compliance and Authority

Customers represent and warrant that they have the full legal right and authority to authorize media capture, photography, videography, LiDAR scanning, mapping, drone operations, editing, and all related services at the subject property. Customers are solely responsible for obtaining any required permissions, approvals, consents, or access rights from property owners, tenants, occupants, HOAs, associations, communities, property managers, venues, or any other controlling or interested parties.

Customers are responsible for ensuring that the property is in a condition that is safe, lawful, and suitable for the requested services, including safe access for personnel and equipment. Listivo® reserves the right to decline, suspend, or terminate services if conditions are unsafe, inaccessible, unlawful, or inconsistent with applicable regulations or operational standards.

Customers acknowledge that certain services, including drone operations and mapping, may be subject to federal, state, and local laws, airspace restrictions, and site-specific limitations. While Listivo® will operate in accordance with applicable regulations governing its own operations, the customer is responsible for ensuring that the requested services are permissible at the property and for disclosing any known restrictions, hazards, or limitations in advance.

Customers are solely responsible for compliance with all brokerage rules, MLS rules, advertising standards, disclosure requirements (including but not limited to virtual staging or AI-generated content disclosures where applicable), platform rules, and all applicable laws in connection with the use, publication, distribution, and marketing of Listivo® media and deliverables.

Customers may not request, direct, or use Listivo® services or media in any manner that is unlawful, deceptive, misleading, infringing, unsafe, or unauthorized, including but not limited to misuse of property boundaries, misrepresentation of features, or failure to disclose altered or enhanced imagery where required.

Customers agree to indemnify, defend, and hold harmless Listivo®, its owners, employees, contractors, and affiliates from and against any claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees where permitted) arising out of or related to (i) any breach of the above representations and warranties, (ii) failure to obtain required permissions or consents, or (iii) the customer’s use, publication, or distribution of the media.

23. Limitation of Liability

To the maximum extent permitted by applicable law, Listivo® shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the services, media, deliverables, portals, platforms, scheduling, delays, third-party systems, or any use or inability to use the services or deliverables. This includes, without limitation, any missed marketing opportunities, diminished listing performance, reduced sale or rental results, lost profits, lost revenue, lost business opportunities, lost data, loss of goodwill, or unmet platform-specific expectations.

To the maximum extent permitted by applicable law, Listivo®’s total aggregate liability arising out of or relating to any claim, dispute, or services provided under this agreement, whether in contract, tort, statute, or otherwise, shall not exceed the amount actually paid by the customer to Listivo® for the specific service giving rise to the claim.

Listivo® shall not be liable for any delay, failure, disruption, incompatibility, omission, rescheduling, or incomplete performance caused in whole or in part by weather, lighting conditions, access issues, lockouts, unsafe conditions, property conditions, customer delay, inaccurate or incomplete information, source file issues, third-party platforms, MLS systems, hosting providers, software limitations, or any event beyond Listivo®’s reasonable control.

Nothing in this agreement shall be construed as a guarantee of marketing performance, listing performance, syndication reach, platform visibility, lead generation, sale outcome, rental outcome, or business results.

24. Service Personnel and Subcontracted Performance

Listivo® may perform services through its employees, independent contractors, affiliates, media providers, editors, pilots, scanner operators, and other subcontracted service providers, in its sole discretion. The customer acknowledges and agrees that Listivo® may assign, schedule, coordinate, and deliver services using such personnel without separate notice.

All services arranged under this agreement are provided by or through Listivo® as the sole contracting party. No individual media provider, photographer, videographer, editor, pilot, scanner operator, or other service personnel shall be deemed a direct contracting party with the customer unless expressly agreed in a separate signed writing by Listivo®.

Nothing in this agreement creates any employment relationship, agency relationship, partnership, joint venture, fiduciary relationship, or direct contractual relationship between the customer and any Listivo® media provider or service personnel.

Unless Listivo® expressly authorizes otherwise in writing, the customer shall not make payment directly to, enter into side agreements with, directly engage, solicit for competing services, or rehire any Listivo® media provider introduced through Listivo® in a manner that interferes with Listivo®’s business relationships or contractual rights.

25. Account Responsibilities

Customers are required to create and maintain an account in order to place orders, manage appointments, review deliverables, access portals, and download media. Customers are responsible for maintaining accurate, current, and complete account information, including their name, email address, phone number, profile photo or portrait, brokerage information, and, where applicable, license or MLS identification information. Customers are also responsible for protecting the confidentiality of their login credentials. Any activity conducted through the customer’s account may be treated as authorized by the account holder.

Because certain Listivo® deliverables, property websites, and marketing materials may display customer-supplied profile, brokerage, license, and contact information, customers are solely responsible for ensuring that such information remains accurate, current, and compliant with all applicable MLS rules, brokerage policies, licensing requirements, advertising regulations, and professional standards. Under Article 12 of the National Association of REALTORS® Code of Ethics, REALTORS® must present a true picture in their advertising, marketing, and other representations, and their status as real estate professionals must be readily apparent. NAR’s Standards of Practice also require REALTOR® firm websites, and websites of affiliated licensees, to disclose the firm’s name and state(s) of licensure in a reasonable and readily apparent manner. 

Listivo® may display or publish customer-provided information across portals, property websites, marketing materials, and related deliverables, but Listivo® does not independently verify the legal sufficiency or regulatory compliance of any customer-supplied identity, brokerage, license, or advertising information. Customers remain solely responsible for reviewing all public-facing materials and ensuring compliance with applicable MLS rules, brokerage policies, state licensing requirements, and ethical obligations in the jurisdictions where they operate. Customers are further responsible for complying with the requirements of the applicable state real estate licensing authority, board, or regulatory agency that oversees real estate licensing and regulation in their jurisdiction.

26. Right to Refuse, Limit, Modify, Suspend, or Discontinue Service

Listivo® reserves the right, in its sole discretion, to refuse, limit, modify, suspend, or discontinue any service, project, request, booking, edit, capture session, flight operation, scan, delivery method, hosting feature, media use, or enhancement request at any time when conditions are unsafe, unlawful, abusive, threatening, harassing, inaccessible, misleading, unauthorized, infeasible, commercially impractical, outside the agreed scope, inconsistent with professional standards, or otherwise likely to expose Listivo® or its personnel to legal, reputational, operational, or safety risk.

Listivo® may also refuse, limit, modify, suspend, or discontinue services where the customer provides inaccurate or incomplete information, fails to provide safe or lawful access, requests deceptive or non-compliant edits or uses, fails to cooperate with reasonable operational requirements, fails to pay amounts due, or where site conditions, third-party restrictions, platform rules, airspace restrictions, copyright concerns, access limitations, or other circumstances prevent lawful or professional performance.

Without limiting the foregoing, Listivo® may decline projects, edits, flight operations, media uses, distribution requests, or enhancement requests that would violate FAA requirements, property access restrictions, copyright or intellectual property rights, MLS rules, advertising standards, platform policies, disclosure requirements, or other legal, ethical, or professional obligations. Commercial drone operations are subject to FAA requirements and, depending on the operation, may require compliance with Part 107 operating rules, airspace authorization, or other applicable restrictions.

Listivo® shall have no liability for any refusal, limitation, modification, suspension, or discontinuation of services undertaken in good faith under this section.

27. Updates to Terms and Policies

Listivo® may update these Terms of Service, policies, pricing, service descriptions, platform practices, and operational requirements from time to time. Any updates become effective upon posting, upon written notice to the customer, or upon any later effective date stated in the update. By continuing to book, access, use, receive, or benefit from Listivo® services after an update becomes effective, the customer agrees to the revised terms, to the maximum extent permitted by law. Listivo® may also require express acceptance of updated terms before further orders, access, scheduling, delivery, or use of certain services or platforms.

28. Contact

Questions regarding these Terms of Service, service scope, licensing, payment, scheduling, or usage rights should be directed to Listivo® through its official booking, portal, or customer service channels.

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