← Back to Raleigh3D

Terms of Service

Last updated: July 2025

Note: These terms constitute a binding legal agreement. By booking a session you acknowledge that you have read, understood, and agree to be bound by them.

1. Agreement & Acceptance

These Terms of Service ("Agreement") govern all services provided by Raleigh3D ("Company," "we," "us," or "our") to the individual or entity booking services ("Client," "you," or "your"). By submitting a booking request or authorizing a payment, you represent that you have full authority to enter into this Agreement and that you accept all terms herein without modification. If you are booking on behalf of a brokerage or other entity, you personally represent and warrant that you are authorized to bind that entity.

2. Services

Raleigh3D provides professional 3D virtual tour photography services, including Zillow 3D Home Tours and Matterport 3D tours, to real estate professionals in the Raleigh–Triangle area of North Carolina. Services are provided "as described" and subject to the limitations set forth in this Agreement. We reserve the right to decline or discontinue any booking at our sole discretion.

3. Booking & Payment

Bookings are not confirmed until your card has been successfully authorized through our payment processor. Your card is authorized only at the time of booking — no funds are captured until the photographer confirms your appointment. By submitting a booking, you irrevocably authorize Raleigh3D to capture the full authorized amount upon that confirmation. All prices are in U.S. dollars and are exclusive of any applicable taxes.

4. Cancellations & Rescheduling

You may cancel or reschedule your appointment at no charge, subject to availability, provided you notify us at least 24 hours before your scheduled shoot time. Cancellations or rescheduling requests received less than 24 hours before the appointment forfeit the full booking amount. No refund or credit will be issued for late cancellations. Time of receipt of your notice, not time of sending, controls.

To cancel or reschedule, use the contact form on our website.

5. Force Majeure & Weather

Raleigh3D shall not be liable for any delay, rescheduling, or failure to perform due to causes beyond our reasonable control, including but not limited to: adverse weather conditions, severe storms, acts of God, equipment failure, illness, utility outages, civil unrest, government orders, or third-party platform outages. In any such event, we will contact you promptly to reschedule at no additional charge. No penalty shall apply to either party. We retain sole discretion to determine when conditions are unsuitable for a safe and quality shoot.

6. Provider Cancellation

In the event Raleigh3D cancels a confirmed booking for any reason other than Client fault, you will receive a full refund of any captured charges within 28 days. This refund constitutes your sole and exclusive remedy for a provider-initiated cancellation. We shall have no further liability for lost listing opportunities, delayed closings, or any other consequential loss.

7. Delivery Timelines

  • Zillow 3D Home Tours — uploaded directly to Zillow within 12 hours of the shoot, under normal operating conditions. Once uploaded, the time for the tour to appear live on Zillow's platform is determined entirely by Zillow and is outside Raleigh3D's control.
  • Matterport 3D Tours — delivered by 12:00 PM Eastern Time the following calendar day. Matterport cloud processing times vary and are outside our control.
  • Matterport Tour Hosting — Matterport tour hosting is included for 12 months from the delivery date, or until the property closes — whichever comes first. After 12 months, continued hosting is at Raleigh3D's sole discretion and may be subject to additional fees. We will make reasonable efforts to notify you before removing a hosted tour. Tours associated with properties that have closed or been removed from market may be taken offline at any time after delivery.

Timelines are targets, not guarantees. We are not liable for delays caused by Zillow, Matterport, or any other third-party platform, including platform outages, processing queues, policy changes, or account restrictions. Delivery of a tour link or scan constitutes full performance of our delivery obligation.

8. Third-Party Platforms

Zillow® and Matterport® are independent third-party platforms. Raleigh3D is not affiliated with, endorsed by, or an agent of either company. Your use of Zillow and Matterport services is governed by their respective terms of service and privacy policies — see Zillow 3D Home Guidelines and Matterport Legal. We make no representations regarding the continued availability, accuracy, or functionality of any third-party platform. Any changes to third-party platform policies, fees, or access — including removal of previously uploaded tours — are outside our control and do not entitle you to any refund or credit.

9. Media Ownership & License

All images, photographs, 3D scans, virtual tours, point clouds, and all other media captured by Raleigh3D ("Media") are and shall remain the sole intellectual property of Raleigh3D. By booking our services, you grant Raleigh3D a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, reproduce, display, distribute, modify, and promote any and all Media for any lawful purpose, including without limitation marketing, advertising, portfolio display, press, and social media, without further consent or compensation to you.

You are granted a non-exclusive license to use the delivered tour links and Media for any lawful real estate marketing purpose — including sharing on MLS platforms, social media, your website, with clients, with your brokerage, and in your personal portfolio. You may not resell the Media as a standalone product, offer it as part of a competing photography or virtual tour service, or claim ownership of the Media.

Notwithstanding the foregoing, Raleigh3D will not publicly post, share, or otherwise display Media from any property prior to its public MLS listing date without your express written authorization. We respect the confidentiality of upcoming listings and the agency relationships that govern them, consistent with applicable MLS rules and North Carolina real estate licensing law.

10. Property Access & Client Responsibilities

You represent and warrant that: (a) you have full authority to authorize photography at the property; (b) the property will be accessible, reasonably staged, and ready at the scheduled time; (c) all required consents from property owners, occupants, homeowners associations, or other parties have been obtained; and (d) the property does not contain any materials, artwork, or items whose photography would infringe the intellectual property rights of any third party.

If access is denied, the property is not reasonably ready, or we are unable to commence the shoot within 15 minutes of the scheduled time due to Client fault, the booking amount is forfeited and no refund will be issued. Any rescheduling under these circumstances is at our sole discretion and may incur an additional fee.

11. Disclaimer of Warranties

Read carefully

Services are provided "as is" and "as available" without warranty of any kind, express or implied. Raleigh3D expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that virtual tours will increase listing views, sale price, days on market, or produce any specific real estate outcome. Results vary and depend on factors entirely outside our control, including but not limited to market conditions, listing agent strategy, and platform algorithms.

12. Limitation of Liability

Important — limits your legal remedies

To the maximum extent permitted by applicable law, Raleigh3D's total cumulative liability to you for any and all claims arising out of or related to this Agreement or the services — whether in contract, tort (including negligence), strict liability, or otherwise — shall not exceed the total fees actually paid by you for the specific session giving rise to the claim.

Under no circumstances shall Raleigh3D be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to: lost profits, lost listing commissions, lost sale proceeds, lost business opportunities, delayed closings, reputational harm, or data loss — even if we have been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Raleigh3D and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your breach of this Agreement; (b) your misrepresentation of authority to authorize photography at a property; (c) any claim by a property owner, occupant, or third party arising from your booking; (d) your infringement of any third party's intellectual property rights; or (e) your negligence or willful misconduct.

14. Dispute Resolution

The parties agree to attempt good-faith negotiation before initiating any formal legal proceedings. If a dispute cannot be resolved informally within 30 days of written notice, it shall be submitted to non-binding mediation in Wake County, North Carolina before either party may pursue litigation. Each party shall bear its own costs of mediation. Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction.

15. Governing Law & Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict-of-law principles. Any legal action arising under this Agreement that proceeds past mediation shall be brought exclusively in the state or federal courts located in Wake County, North Carolina, and each party irrevocably consents to personal jurisdiction and venue in such courts.

16. General Provisions

  • Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, representations, and agreements, whether written or oral.
  • Severability. If any provision of this Agreement is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
  • Waiver. Failure by Raleigh3D to enforce any provision of this Agreement on one occasion shall not be deemed a waiver of that provision or of any other provision on any future occasion.
  • No Agency. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the parties. Raleigh3D is an independent contractor.
  • Assignment. You may not assign or transfer this Agreement or any rights hereunder without our prior written consent. We may assign this Agreement freely.
  • Modifications. We reserve the right to update these terms at any time by posting a revised version on our website. Continued use of our services after changes are posted constitutes acceptance of the revised terms. Material changes will be indicated by an updated "Last updated" date.

Contact

Questions about these terms? Use the contact form on our website and we'll get back to you promptly.