TERMS OF SERVICE.

Last updated: [DATE] · Draft for legal review

These terms apply to every order placed with ROAM Listings. Please read them before you place an order. Sections 4.6 (no refunds once production starts), 7.5 (we can only create from what you send), 8 (your responsibility for how you publish the video) and 13 (limits on our liability) are especially important.

1. About us

1.1 ROAM Listings is a trading name of [ROAM LISTINGS LTD], a company registered in England and Wales under company number [NUMBER], whose registered office is at [ADDRESS] ("ROAM", "we", "us", "our"). [VAT number: NUMBER.]

1.2 You can contact us at hello@roamlistings.co.uk or through the contact form on our website.

2. Business customers only

2.1 Our services are for estate agents, letting agents, property developers and other businesses acting for purposes relating to their trade, business or profession ("you"). By placing an order you confirm that you are acting for business purposes and have authority to bind the business named on your account.

2.2 We do not sell to consumers. If you are a private individual, please do not place an order. If a consumer does place an order, nothing in these terms affects their statutory rights.

3. Your details

3.1 You must give accurate details when you order, including your agency or business name and a contact email, and tell us if they change.

3.2 You confirm that the person placing the order has authority to do so on behalf of the agency named on the order.

3.3 We may decline an order, or stop accepting orders from an agency, that breaks these terms, claims the new-customer offer more than once, or has unpaid invoices.

4. Orders, prices and payment

4.1 Ordering. You order by submitting our order form with your materials (section 6). We check your materials and, if we can go ahead, email you an invoice. A contract between us is formed when you pay that invoice, or for agency packs when we confirm your order in writing.

4.2 Prices. Our prices are shown on our website at the time you order. All prices exclude VAT, which is added at the current rate where applicable and shown separately on your invoice and receipt. [Until ROAM is VAT-registered: we are not VAT-registered and do not charge VAT.]

4.3 Packages. Each package covers a property size and a maximum number of photos. If your materials go beyond your package, we will tell you before we start and you may upgrade or choose which photos to use.

4.4 Payment. Single orders are paid in full by card using the payment link on the invoice we email you, processed by our payment provider, Stripe. Invoices are payable within [7] days and we start work once payment is received. Agency packs are billed monthly in advance by invoice or Direct Debit, as agreed in writing. We do not see or store your full card details.

4.5 New-customer offer. New customers receive 40% off the package price of their first order. The offer applies once per agency or branch, to the first order only, and to the package price (not extras or VAT). It cannot be combined with any other offer and has no cash value. We check eligibility before invoicing, and may charge the full price for any order where the offer was claimed more than once, for example under a different email address. We may change or end the offer for new sign-ups at any time; this will not affect orders already confirmed.

4.6 Cancellations and refunds. Each walkthrough is a bespoke digital service made to your order. You may withdraw your order free of charge at any time before you pay our invoice. Production starts when we receive your payment. From then on the order cannot be cancelled and we do not give refunds, except as set out in sections 7.4 and 9, or where the law requires it.

4.7 Late payment. For invoiced orders, we may charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 and pause work on unpaid accounts.

4.8 Chargebacks. If you think a payment is wrong, please contact us first so we can put it right. If you raise a chargeback for an order we have delivered in line with these terms, we may recover the amount and any dispute fees from you.

5. What we do

5.1 We create a walkthrough video of the property from the photography and floorplan you supply. We plan a route through the home from the floorplan and build each scene from your photos using specialist visualisation software. This includes generative AI video tools. A member of our team then checks the finished video against your original photos.

5.2 Each order includes a landscape MP4 video (1080p), a vertical (9:16) social cut, room labels and captions, your branding on the opening and closing frames if you supply a logo, any paid extras you choose on the order form, and one round of revisions (section 9). We deliver the video by emailing you a download link.

5.3 We aim to deliver within 48 hours of receiving your payment, or within [24] hours if you have ordered Express delivery. These times count Monday to Friday only and exclude UK bank holidays, so an order paid on Friday afternoon is due by Tuesday afternoon. The clock starts when your payment is received and we have everything we need. If we have to ask you for more photos or information, it restarts when you reply. Delivery times are estimates. We are not liable for delays caused by missing or unsuitable materials or by events outside our reasonable control.

5.4 Download links stay active for 30 days after delivery. Please download and keep your own copy. We do not host videos for publication, and we delete our copy as set out in the Schedule (S9).

6. Your materials

6.1 "Materials" means the photos, floorplans, listing links, logos and any other content you give us.

6.2 You confirm that:

(a) you own the materials or have the right to let us use them for this purpose, including any rights held by the photographer;

(b) you have the property owner's or seller's authority to market the property and to have the video made;

(c) the materials accurately show the property as it currently is; and

(d) as far as reasonably possible, the materials do not show people, vehicle registrations, documents or other personal information. Where they do, you have a lawful basis to share them with us.

6.3 You give us a non-exclusive licence to use the materials only to produce, check, deliver and store your video and to provide our services to you. We will not use your materials or videos in our own marketing without your written permission.

6.4 We may refuse or pause an order if the materials are unsuitable, unlawful, infringe someone else's rights, or would require us to misrepresent the property.

7. Accuracy

7.1 Our standard is that the walkthrough represents the property shown in your materials. We will not knowingly add, remove or alter walls, doors, windows, room sizes, fixtures, finishes, views, gardens, boundaries or defects.

7.2 Because the video is created from still images, movement between and within rooms is an interpretation based on your photos and floorplan. Minor visual differences may occur, such as lighting, reflections, camera movement and the appearance of areas between photos. These are not defects unless they misrepresent the property.

7.3 You must review every video before publishing it and tell us about any inaccuracy.

7.4 If a video misrepresents the property compared with your materials, tell us within 14 days of delivery. We will correct it free of charge. If we cannot, we will refund the price of that order.

7.5 We can only create from the materials you send. We will not invent or add spaces that aren't shown, such as hallways, landings, stairs, rooms, gardens or views. Where your photos don't cover a space, we will move between the areas you have photographed instead, and the walkthrough may feel less continuous. We will tell you about any significant gaps before we invoice, so you can send more photos or go ahead. A walkthrough that is limited by the coverage, quality or accuracy of your materials is not a defect and is not grounds for a refund. If you would like a fuller result after delivery, send additional photos and we will quote to update the video.

8. How you use the video: your responsibilities

8.1 You are responsible for how you publish and use the video, and for complying with the laws and codes that apply to your property marketing. These include the Digital Markets, Competition and Consumers Act 2024 (enforced by the Competition and Markets Authority and Trading Standards), the CAP Code (enforced by the Advertising Standards Authority), your redress scheme's code of practice (for example The Property Ombudsman or the Property Redress Scheme), and any rules of the property portals you use.

8.2 Under consumer protection law, property marketing must not mislead buyers or tenants, including through images. You must not use the video in a way that misleads, for example by describing it as filmed footage or presenting it as a current view of features that have changed.

8.3 We recommend you caption the video "Walkthrough created from listing photography". We will add this caption on request at no charge.

8.4 You must take the video down or update it if the property changes in a way that makes it inaccurate.

8.5 To the extent permitted by law, you will reimburse us for any loss, claim or regulatory penalty we suffer because you breached sections 6 or 8.

9. Revisions and problems

9.1 Each order includes one round of revisions, requested by replying to our delivery email within 14 days of delivery. Revisions cover changes to the edit, order of rooms, branding, captions and corrections. They do not cover new materials or a different property, and cannot add spaces that are not in your materials.

9.2 Further revision rounds can be bought at the price shown on our website.

9.3 If we fail to deliver an order at all, we will refund it in full.

10. Intellectual property and use of the video

10.1 We, or our licensors, own the intellectual property in our software, templates, music we supply and the ROAM brand. You keep ownership of your materials.

10.2 Once your order is paid in full, we grant you a non-exclusive, perpetual, worldwide licence to use, copy and publish the video to market the property it shows. This covers your website, property portals, social media, email and presentations to the seller. You may not sell or license the video on its own, or use it to market a different property.

10.3 Licensed music, where supplied, may only be used with the video it came with.

11. Our suppliers

11.1 We use third-party providers to run our service, including payment processing, cloud hosting and storage, email, and video generation and editing tools. We choose them carefully and they are listed in our Privacy Policy.

11.2 Some providers may process data outside the UK. Where they do, we put the safeguards required by UK data protection law in place.

12. Data protection

12.1 We handle personal information about you and your staff as a controller, in line with our Privacy Policy.

12.2 For any personal data contained in your materials (for example, people visible in photos), you are the controller and we act as your processor. The Data Processing Terms in the Schedule apply.

13. Our liability to you

13.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

13.2 We are not liable for any loss of profit, sales, business, commission, fee, goodwill or reputation, or for any indirect or consequential loss.

13.3 We are not liable for any loss arising from how you publish or use the video, from inaccuracies in your materials, or from your failure to review the video before publishing it.

13.4 Subject to 13.1, our total liability to you for each order, whether in contract, tort (including negligence) or otherwise, is limited to the price you paid for that order.

13.5 Except as set out in these terms, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

14. Suspension and ending our agreement

14.1 You may stop using our services at any time. Orders already paid for will be completed.

14.2 We may suspend or end our services with immediate effect if you seriously breach these terms, fail to pay, or become insolvent.

15. Complaints

15.1 If you are unhappy, email hello@roamlistings.co.uk with your order number. We will acknowledge your complaint within 2 working days and aim to resolve it within 14 days.

16. Changes to these terms

16.1 We may update these terms from time to time. The version shown when you place an order applies to that order. We will email account holders about significant changes at least 14 days before they take effect.

17. General

17.1 These terms, with your order confirmation, are the whole agreement between us about each order.

17.2 You may not transfer your rights under these terms without our consent. We may transfer ours to another business that takes over our services.

17.3 If any part of these terms is found to be unenforceable, the rest remains in force.

17.4 No one else has any rights under these terms under the Contracts (Rights of Third Parties) Act 1999.

17.5 If we do not enforce a right straight away, we can still enforce it later.

17.6 These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Schedule: Data Processing Terms

S1. These terms apply where we process personal data contained in your materials on your behalf (UK GDPR Article 28).

S2. Subject matter and duration: producing, checking, delivering and storing your walkthrough videos for as long as your account is open, or as set out in S9.

S3. Nature and purpose: storage, viewing, editing and video generation using your materials.

S4. Types of personal data and data subjects: images of people, personal belongings, documents or vehicle registrations that appear in your materials. Data subjects are occupants, owners, visitors or members of the public.

S5. We will:

(a) process the data only on your documented instructions, which are these terms and your orders;

(b) make sure our staff and contractors are bound by confidentiality;

(c) keep the data secure with appropriate technical and organisational measures;

(d) use sub-processors only under a written contract with equivalent protections, and tell you before adding or replacing one so you can object;

(e) transfer data outside the UK only with appropriate safeguards;

(f) help you respond to data subject requests and meet your security, breach notification and impact assessment obligations;

(g) tell you without undue delay after becoming aware of a personal data breach affecting your data; and

(h) give you the information you reasonably need to show compliance with Article 28, and allow reasonable audits.

S6. You authorise the sub-processors listed in our Privacy Policy.

S7. At the end of our services, we will delete or return your materials at your choice, unless the law requires us to keep them.

S8. You confirm you have a lawful basis to give us the personal data in your materials.

S9. Retention: download links stay active for 30 days after delivery. We keep source materials and a copy of the finished video for 90 days after delivery, for revisions and queries, and then delete them. You can ask us to delete them sooner. [CONFIRM PERIODS]