Terms & Conditions

 

General Acceptance

By placing an order for OBEO’s services, you hereby agree to be bound by these Terms and Conditions. These Terms and Conditions will apply and govern all Orders that you place with OBEO.

 

Platform Access

  1. Registration - Access to the Platform requires the Customer to register on the Site, by completing the mandatory information on the form provided. When registering, the Customer must choose a Username and a password, modifiable at any time.

  2. Customer Account Information - Registration automatically opens an Account in the Customer’s name, giving you access to the Platform that allows you to manage your use of the Products and Services, according to the means and techniques that OBEO deems most appropriate. Customer guarantees that all the information entered in the registration form is accurate, up-to-date, truthful, and is not misleading. Customer agrees to maintain accurate information in your Account in case of modifications, so that they always correspond to the aforementioned criteria.

  3. Use of email addresses and phone number - By creating an Account, you agree that OBEO and the Photographer may communicate with you via SMS, email, and phone as part of the normal operation of fulfilling Products and Services and obtaining feedback. For the optimal experience, it is highly recommended to have a mobile phone number on Customer’s Account.

  4. Confidentiality - Customer may access your Account at any time in OBEO’s Platform with your login and password. Customer is responsible for maintaining the confidentiality of your username and password. Customer must immediately contact OBEO if he/she notices that their Account has been used without their knowledge. They acknowledge OBEO’S right to take all appropriate measures in such cases. Furthermore, OBEO does not sell Customer information to 3rd Parties.

Description of Products & Services

  1. Photos - Includes panoramas, aerial photos, and 3D spherical photos.

  2. Reshoots - Discounted shoots for seasonal changes or additional photos or any other reason must be requested directly through OBEO Support and is subject to approval.

  3. Additional Photo Edits - After reviewing the Edited Content, Customers have the ability to request and pay for Additional Photo Edits, which may include object removal and image retouching. For the avoidance of doubt, change requests will not include requests to shoot additional content. All Additional Photo Edits incur an additional fee, which will be disclosed to you prior to making such edits.

  4. Virtual Products - Virtual Products include Staging, Twilight and other Design products. Each Product includes one revision. Additional revisions are subject to additional fees.

  5. Marketing Suite - For added convenience in sharing Content, Orders with OBEO Photos include a selection of Virtual Tour Themes and Brochure templates. For added convenience in connecting your Content to 3rd party platforms, choose from available Apps to install to your Account.  OBEO does not provide support for 3rd party products.

  6. Floor Plans - Only drawn to show an artistic representation as to what a property looks like, and therefore locations of windows, doors, and other structural elements are for illustration purposes only and may not be exact. Floor plans are in no way being drawn to infringe upon the rights of the original architect. Since it is impossible to tell what copyrights might exist on a property it is the responsibility of the agent to assure that the proper copyright credit is given to the architect if the agent deems that this is necessary. Customer hereby absolves OBEO and accepts responsibility for any copyright infringement enforcement if such enforcement occurs.

  7. Integrations - OBEO’s Platform has, and will continue to integrate with 3rd parties, such as MLSs, technology providers, websites, and other fulfillment services.  Customers may request specific integrations by contacting OBEO Support. Many integrations are subject to 3rd party’s technology ability and the performance is also subject to 3rd party’s stability. OBEO does not guarantee service levels when involving 3rd party integrations.

Fulfillment of Products and Services

  1. Ordering and Scheduling

    1. Ordering - Customer has access to Products and Services by placing an Order on the Platform, via your Account. Customer who wishes to place an Order must complete the following:

      1. Complete property address

      2. Selected Package (which includes a given number of Photos)

      3. Enhancements, if applicable

      4. Scheduler Name and mobile number, if different than the Customer’s

      5. Additional Notes that are important for OBEO’s Photographer to complete the photo shoot (including property access, desired angles, etc.)

  2. Order confirmation - Receipts can be found in the Platform within each Order Details after the Order has been completed and payment received.

  3. Scheduling an Appointment - An SMS text from the OBEO Platform will introduce the Customer to the Photographer as soon as a Photographer is identified. The phone number on the SMS text is unique for each Order and is the primary method of communication between Customers and Photographers. Messages can also be sent in the Platform within each Order.

  4. Cancellation or Order modification

    1. Cancellation by OBEO - OBEO reserves the right to cancel or postpone any Order. In the event that OBEO cancels an Order, it will inform the Customer by phone and/or email and will either refund the amount of the Order or postpone the Order to another date accepted by the Customer.

    2. Cancellation - Customers may cancel an Order at any time, without penalty, subject to the Late Cancellation terms outlined in section 4-a-iv-3 of this Agreement.

    3. Late Cancellations - In the event (a) Customer fails to abide by an Appointment, (b) Customer reschedules or cancels an Appointment with less than 24 hours notice to OBEO, (c) Customer fails to allow OBEO’s Professional Photographer access to the property or shoot location at a designated Appointment time, Customer’s Account will be assessed a $25 late cancellation fee and OBEO shall have the right to (a) cancel the Order and refund the payment amount(s) less a $25 late cancellation fee, or (b) charge Customer’s credit card a $25 late cancellation fee.

    4. Subscriptions - OBEO does not provide refunds for any partial subscription periods. OBEO reserves the right to terminate subscriptions for any or no reason.

    5. On-Hold Orders - In the event OBEO is unable to contact the Customer and schedule an Appointment within 30 days or if an Appointment does not occur within 30 days of the Order, OBEO may (a) cancel the Order and refund the payment amount less a $50 cancellation fee, (b) re-assign the Order to a new address determined by the Customer after charging the Customer a re-assignment fee of $25.

    6. Expanded Coverage - Remote, rural, or addresses in areas outside of OBEO’s core coverage may require the Customer to pay an additional travel fee, the amount of which will be communicated and agreed upon by the Customer before the Professional Photographer attends the shoot. Payment for the travel will be a separate and additional charge to the Customer.

  5. Photo Shoot

    1. Location and Appearance Release - Customer hereby represents and warrants that they have all necessary authority, rights and permissions to secure for OBEO the access to the location for the shooting of each Product or Service.

    2. Photo Readiness - For all real property, commercial or residential, Customers agree that the property will be photo ready by the Appointment time. It is the Customer’s sole responsibility to arrange, move, clean, or adjust anything on site. If the property is not photo ready, OBEO will consider the Appointment cancelled and Customers will be subject to a $25 cancellation fee. Refunds are not allowed on Orders where the property was not photo ready.

  6. Delivery

    1. Internet - The Customer understands that the Platform experience and the fulfillment and delivery of OBEO’s Products and Services is directly dependent on an Internet connection, for which the Customer has sole responsibility.

    2. Download - The Content from the shoot is made available for the Customer within 24 hours from the time of the Shoot and can be located in the Tour associated with each Order. Once your Edited Content is ready to download, OBEO will e-mail you a link to view and download the Final Proofs online.

    3. Digital File Purchase - Your purchase of an OBEO Service includes access to a digital copy on the Platform of the Edited Content. Customer understands that closing your Account will prohibit access to all Media on the Platform and that no copy will be provided by OBEO.

    4. Delay of Delivery - In the event of a breach of its delivery obligation within the above deadline, OBEO agrees to reimburse the Customer for 10% of the amount of the ordered product, provided that the Customer makes the request to OBEO Support no later than four (4) days after the completion of the Shoot.

      1. The refund request must mention the following information:

        1. Property Address

        2. Order number

        3. The reason for the refund claim

      2. Subject to the Customer's compliance with these conditions, OBEO agrees to credit the Customer's credit card used to pay the amount of the refund as soon as possible and at the latest within seven (7) days of receipt of payment of the demand. OBEO also agrees that if the Content has not been delivered at time of Customer request, to deliver the Content within forty-eight (48) hours of the Customer’s request for reimbursement.

 

Price and Payment Methods

  1. Price - Customer can buy Products and Services for the unit price stated on the Platform during the purchase. Price of the photo shoot includes the realization of the photo shoot and the Edited Content. Unless otherwise stated, prices are expressed in US dollars, excluding taxes. 

  2. Payment Terms

    1. Non-Enterprise Customers - Payment is due at time of placing the Order, except special conditions, at the discretion of OBEO. Payment must be made by Credit Card. Customer may save multiple Credit Card payment methods within your Account.

    2. Enterprise Customers - Invoices only include Orders that have been fulfilled during the applicable period. The Billing Period is weekly, every Monday through to Sunday. Invoices are created and sent to the Customer the day after Billing Period ends. A Billing Contact needs to exist for each Enterprise Account. Payment must be received by Credit Card within 5 days of the sent Invoice.

  3. Payment issues - The Customer agrees that OBEO has the necessary permissions to use the payment method(s) on the Customer’s Account. The Customer is informed and expressly agrees that any delay in payment of all or part of an amount due on its due date will automatically result, without prior notice:

    1. The forfeiture of the term of all sums due by the Customer and your immediate payment;

    2. the immediate suspension of the Services in process until the full payment of all the sums due by the Customer;

    3. Late payments on Invoices are subject to late interest at the rate of 3 times (three) the rate of the legal interest, on the amount of all the sums due by the Customer and a late fee of 100 (one hundred) dollars or 3% of the outstanding amount of the late Invoice, whichever is greater.

  4. Free Trials - Free trials cannot be combined with any other offer and each business is limited to one free trial offer. Customers must have internet access and a valid credit card to receive a free trial. Customer’s purchase may include a free trial period for a subscription distribution plan. If a Customer does not cancel before the end of such free trial period, the Customer agrees that OBEO is authorized to charge a monthly Subscription fee at the current rate to the payment method the Customer provided during registration. OBEO will begin billing the payment method for monthly Subscription fees at the end of the free trial period unless the Customer cancels the Subscription prior to the end of the free trial period. Customers may not receive a notice from OBEO that the free trial period has ended or that the paying portion of the Subscription has begun. If a Customer cancels prior to the end of the free trial period, there will be no charges to the payment method.

  5. Subscriptions - Customers may cancel Subscriptions at any time; provided that if the Customer signed up for a special offer requiring a minimum commitment, the Customer is responsible to continue paying throughout such Minimum Commitment Period and will only be able to cancel their Subscription following the Minimum Commitment Period. However, all fees and charges for Subscription services are nonrefundable and OBEO shall have no obligation to refund or provide credits for partially used periods. Access to the Products and Services directly related to the Subscription will be removed if the Customer cancels the Subscription. By choosing a Subscription offering, Customers are expressly agreeing that OBEO is authorized to charge a monthly or annual Subscription fee, as applicable (after any free trial period), and any applicable tax. Subscription fees will be billed at the beginning of Customer's Subscription and each monthly or annual renewal thereafter unless and until Customer cancels such Subscription. OBEO automatically bills Customer's credit card each month or year, as applicable, on the calendar day corresponding to the commencement of the subscription. In the event the Subscription began on a day not contained in a given month, OBEO will bill Customer's credit card on the last day of such month. If Customer wants to use a different payment method or if there is a change in Customer's credit card validity or expiration date, Customer may edit your information in their Account.

  6. Promotion Codes and Packaging - OBEO reserves the right, at its discretion and in accordance with terms and conditions of which it will be the sole judge, to offer promotional offers or price reductions. OBEO also reserves the right to offer the Customer Packages the including a grouping of several Products and Services. In this case, the Customer agrees to pay the full price of the Package, even if they would not use all the products available in said Package.

  7. Additional Fulfillment Fees - Customers are responsible to pay for on-site valet or parking requirements, the charges of which will be added to the Order.

Customer Representations & Warranties

  1. Submitted Content - In certain instances, you may be able to submit content (e.g., photos), to be included in the Service(s). You hereby also permit OBEO to retrieve photos from your website to be included in videos and such photos shall also be considered your Materials. You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these terms, (b) the Materials and the use of the Materials in the Services(s) will not infringe or misappropriate any copyright, trademark, patent or other intellectual property right of any 3rd party or violate any other rights of a 3rd party, including, without limitation, any rights of privacy or publicity or any contractual rights, (c) the Materials are truthful and not misrepresentative or misleading, (d) the Materials and your use of the Service(s) will not plagiarize or contain any libelous, defamatory, obscene, indecent, harmful, threatening, abusive, harassing, vulgar, hateful, racially, ethnically or otherwise objectionable matter, or any matter contrary to law or to the rules and regulations of any government agency, and (e), in the event that a 3rd party purchased the Services(s) on your behalf, the Services(s) shall not imply that you or your business is in any way sponsored or endorsed by such 3rd party.

  2. Accuracy - You are solely responsible for (a) the accuracy, non-deceptiveness, completeness, proprietary, and substantiation of the Service(s), including any scripts, if applicable, as used by you to advertise your business(es), (b) all Materials, and (c) any information, disclosures, disclaimers or requirements that are imposed upon you as a result of your business activities by any governmental, regulatory or oversight agency, body, tribunal or proceeding.

  3. Compliance - You agree to review and approve all materials prepared by OBEO or submitted by you to confirm that descriptions and representations, direct or implied, with respect to your business(es), products, services, industry, and competitors, are accurate and supportable and that such descriptions and representations are in compliance with all legal and regulatory requirements, directives and guidelines.

Prohibited Activities

  1. Technology and Site - It is strictly prohibited for the Customer to copy and/or embezzle the concept, the technologies or any other element of the Platform to their or any 3rd parties' end.

  2. Computer Intrusion - The following is a partial list of the kinds of activities that are prohibited on or through the OBEO Platform:

    1. Any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services or Platform,

    2. all intrusions or attempts of intrusion into OBEO’s Platform,

    3. all diversions of the resources of the system of the Platform or any action likely to impose a disproportionate burden on the infrastructure of the Platform,

    4. any harm to security and authentication measures,

    5. any act likely to affect the financial, commercial or moral rights and interests of OBEO or the users of its Platform,

    6. using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the Content contained in the Platform or for any other unauthorized purpose without OBEO’s prior written consent,

    7. and finally, more generally any breach of the Terms and Conditions.

  3. Resale - It is strictly prohibited to monetize, sell or concede all or part of the access to the Platform, as well as the information that is hosted and/or shared.

Intellectual Property

  1. Intellectual Property of OBEO - The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by OBEO within the Platform, as well as the Platform itself - are protected by any intellectual property rights or rights of database producers in force. All disassembling, decompilations, decoding, extractions, reuses, copies and more generally, all reproduction, representation or distribution acts and use of any of these elements, as a whole or a part, without OBEO’s authorization are strictly prohibited and will be the object of legal proceedings.

  2. Content Owner - Customer recognizes and accepts that the Content ordered are the exclusive property of OBEO who grants the Customer the right to use them under the following conditions:  OBEO hereby grants to Customer unlimited rights to use these pictures as they see fit, including but not limited to, a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sublicensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use the File or Digital Photos in any form.

 

Indemnification
You shall indemnify, defend and hold harmless OBEO, and OBEO’s affiliates, officers, directors, employees and agents, from and against all 3rd-party claims, suits, proceedings, liabilities and costs (including reasonable attorneys' fees) to the extent arising from or based upon (a) your gross negligence or willful misconduct, (b) your breach of Section 7, (c) a claim that any mark, copyright, logo or other element of your business or any material provided by you to be included in any Service violates the trademark, copyright or other rights of any 3rd party, (d) your use of any Service that is in breach of these Terms and Conditions; provided that such claim is not a result of OBEO’s breach of Section 8, (e) any edit, change or other alteration made to any Service as delivered by OBEO, (f) a claim that your products and services are defective, injurious or harmful (including, without limitation, any claim for bodily injury or death), (g) a claim that the manufacture, sale, distribution or use of any of your products or services violates the rights of any 3rd party or that the advertising, publicity or promotion of your products or services violates or encourages or induces the violation of the rights of any 3rd party, and (h) a claim that a Service contains false or misleading statements or otherwise violates any information, disclosures or requirements that are imposed upon you as a result of your business activities by any governmental, regulatory or oversight agency, body, tribunal or proceeding.

 

Limitation of Liability 
EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL OBEO OR ITS AFFILIATES OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, WHETHER IN CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE. ADDITIONALLY, IN NO EVENT SHALL OBEO’S AGGREGATE LIABILITY EXCEED THE ACTUAL AMOUNTS PAID UNDER THIS AGREEMENT.


User Content 
Parts of the OBEO Platform allow the posting of feedback, comments and ratings. You are solely responsible for User Content that you submit or make available on the Platform and understand the OBEO makes no guarantee in terms of the confidentiality of User Content. By posting User Content you grant and represent and warrant that you have a right to grant to OBEO a royalty-free, transferable, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, publicly display and make derivative works of all such User Content.


Miscellaneous 

  1. Modifications - OBEO reserves the right, from time to time to change these Terms and Conditions in our sole and absolute discretion. The most current version of these Terms and Conditions will be available on www.OBEO.app. The most current version of the Terms and Conditions will supersede all previous versions as to new orders.

  2. Governing law; Arbitration - This Agreement shall be construed and governed by the laws of the State of Utah. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction 

  3. Assignment - These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OBEO without restriction.

  4. Force Majeure - Neither party shall be liable or deemed in default for any delay or failure in performance of this Agreement (except for any payment obligations) resulting from any cause completely, solely and exclusively beyond the control of that party, but only for so long as, its performance is prevented by any acts or events beyond that Party's reasonable control.

  5. Notices - All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given if personally delivered or when received if mailed, by courier, overnight delivery services or certified or registered mail, postage pre-paid, to the parties at the address set forth as follows: OBEO, Inc., 230 W Towne Ridge Pkwy, Suite 530, Sandy, Utah 84017

  6. Headings - The headings of the Sections of this Agreement are for convenience only and will not be of any effect in construing the meanings of the Sections.

  7. Severability - This Agreement shall be deemed severable, and if any portion here of shall be held invalid for any reason, the remainder shall not hereby be invalidated, but shall remain in full force and effect.

Terms

“Customer” - the person or business placing Orders with OBEO.

“Platform” - designates all the web pages visible to the client when signing in using their log in details. The Platform is essential to Order, Visualize the Content, make payment for and generally support the fulfillment of all Products and Services.

“Content” - any type of visual content OBEO provides to the Customer.

“Shoot” - the fulfillment of the Content OBEO is giving to the Customer.

“Order” - contains Products or Services the Customer wishes OBEO to fulfill.

“Product and/or Service” – designates all Content a Customer can purchase from OBEO.

“Account” - all information relating to the Customer.​

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