Terms & Conditions
Contents
- Who we are and acceptance
- Eligibility and accounts
- The Service
- Your content and your promises to us
- Acceptable use
- Orders, quotes and pricing
- Payment
- Production, review, delivery, cancellations and refunds
- Ownership and licenses
- AI-generated output and disclosures
- Real estate advertising compliance
- Third-party services
- Availability
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Suspension and termination
- Changes to the Service or these Terms
- Governing law and disputes
- General
- Contact
1. Who we are and acceptance
Virtaire (the “Service”) is a web application available at virtaire.com and related addresses (the “Site”). The Service is owned and operated by Emergent Intelligence Group LLC, a Texas limited liability company (“EIG”, “we”, “us”, “our”). Virtaire is an EIG brand.
These Terms & Conditions (“Terms”) are a binding agreement between you and EIG. By creating an account, placing an order, uploading content, or otherwise using the Service, you accept these Terms, our Privacy Notice and our Disclosures & Disclaimers, which are incorporated by reference. If you use the Service on behalf of a brokerage, team or company, you represent that you have authority to bind that organization, and “you” includes it.
If you do not agree, do not use the Service.
2. Eligibility and accounts
- You must be at least 18 years old and able to form a binding contract. The Service is intended for real estate professionals and property marketers and is not directed to children.
- You may sign in with an email address and password, with Google, or with ChatGPT sign-in where offered. One account is associated with each verified email address; sign-in methods that share the same verified email share one account.
- Passwords must be at least 12 characters. You are responsible for keeping your credentials confidential and for all activity under your account. Sessions expire after 8 hours or 30 minutes of inactivity.
- Tell us promptly at info@emergentintelligencegroup.com if you believe your account has been compromised.
- We may refuse, disable or limit accounts at our discretion, including for suspected fraud, abuse or violation of these Terms.
3. The Service
Virtaire creates short horizontal marketing videos (“Films”) from listing photographs you upload as a ZIP file, add individually, or that we retrieve from a public listing page URL you provide. Current products are described on the Site and include:
- Pan + zoom listing film — camera motion applied to your source images with no generative changes to the images.
- AI animation listing film — AI-generated motion applied to your source images.
- Virtual staging + AI animation listing film — furnishings and decor digitally added to selected rooms, then animated. Optional “furniture arrival” animations are available only for rooms you confirm are empty in the source photo.
- Optional add-ons — detail close-ups (on AI packages these are AI-generated close-up shots with simulated shallow focus; on pan + zoom films they are crops of your source image with simulated background blur, up to three per film); an AI-generated custom song (in place of the included background music); and paid minor edits, one-room re-stages/re-animations, or retakes of individual clips after delivery.
- Single photo animation — one silent, six-second, 720p animation from a single photo, sold separately.
Every listing film order produces two editions: a branded edition that includes the agent contact card you supply, and a no-contact (“MLS”) edition that omits contact details. Listing films are rendered at 1920×1080. Room recognition, captions and generative steps are performed with third-party AI models (see Section 12). We may change, add or retire features at any time.
4. Your content and your promises to us
“Your Content” means everything you upload or submit: photographs, ZIP archives, listing URLs, video files or clips, room notes, captions, song briefs, property addresses, agent names, titles, phone numbers, brokerage names and any other text or media.
You keep ownership of Your Content. You grant EIG a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, modify, crop, analyze, process with third-party AI services, and create derivative works from Your Content solely to provide, support, secure and improve the Service, to produce your Films, and as otherwise permitted by the Privacy Notice.
By submitting Your Content you represent and warrant, each time, that:
- You own Your Content or have all rights, licenses, consents and permissions needed to use it and to have us create marketing material from it — including the photographer’s permission, your brokerage’s permission, the seller’s or owner’s permission where required, and any MLS or listing-service license terms that govern the photos. The rights confirmation checkbox you tick when you create an order is a binding representation.
- Where you supply a listing URL, the page is publicly accessible without login and you are entitled to use the imagery on it. We do not bypass logins, paywalls, bot protection or terms of the source site, and we will not retrieve content from sites where retrieval is prohibited.
- Where you confirm a room is empty for a furniture-arrival animation, it is in fact empty in the source photo. Existing furnishings cannot be removed and we will not attempt to remove them.
- Any person who appears in a photo has consented to its use in marketing, or you have removed them. We do not detect, blur or remove people from photos.
- Your Content and the contact details you supply are accurate and do not infringe or misappropriate any intellectual property, privacy, publicity or other right, and do not violate any law, brokerage policy or MLS rule.
- Song briefs describe a mood or genre and do not request imitation of a specific artist, recording or composition.
5. Acceptable use
You will not:
- upload content you do not have the right to use, or that is unlawful, defamatory, obscene, harassing, hateful or sexually explicit;
- use the Service to create advertising that is false, deceptive or misleading, including using virtual staging or AI motion to conceal defects, damage, condition or the absence of features, or to alter fixed features such as walls, windows, views, finishes or square footage;
- submit content that violates the Fair Housing Act or other anti-discrimination laws, or that expresses a preference, limitation or discrimination based on a protected class;
- remove, obscure, crop out or alter the on-screen disclosures embedded in any Film;
- probe, scan, overload, reverse engineer, scrape or interfere with the Service, its security or its worker infrastructure; or use automated tools to place orders beyond documented rate limits;
- share credentials, resell access, or use another person’s account;
- use the Service in a way that violates the usage policies of our AI, payment or hosting providers.
6. Orders, quotes and pricing
- Prices are shown in U.S. dollars on the Site. Listing film prices are tiered by the number of photos you select for the Film (1–12, 13–25, 26–50), not the number uploaded. A maximum of 50 photos may be used in one Film.
- Your exact total is displayed before payment. When you save a photo selection or add a custom song, the quote is recalculated on our servers; if the amount has changed you will be asked to confirm the new total.
- Once checkout is open or payment has been made, your photo selection and price are locked. Paid work is never repriced without your consent.
- Prices may change at any time; new prices apply to new orders only. Saved orders keep their quoted price.
- Post-delivery edits are priced as shown on the Site (for example, a minor edit, a one-room re-stage/re-animation, or an individual clip retake). Corrections of studio errors are free. Retakes of individual AI clips are quoted at the time you request them at twice the estimated AI-provider cost of the new work; pan + zoom retakes are free.
- Technical limits: JPG, PNG and WebP photos only; up to 12 MB per photo; ZIP uploads up to 50 MB and 50 files (password-protected or unusually compressed archives are rejected); photos smaller than 500×300 pixels or larger than about 30 megapixels are rejected. Photos are re-encoded and scaled to at most 2048 pixels on the long edge at intake; delivered films are rendered from these working copies. Listing URL imports retrieve up to 80 candidate images and skip images that appear to be logos, headshots or agent branding.
- Order volume is rate-limited (currently 10 new orders per account per hour) to protect the Service.
7. Payment
- Payments are processed by Stripe through Stripe-hosted Checkout. We never see or store your full card number. Stripe’s terms and privacy policy apply to the payment page.
- Production begins only after Stripe confirms payment to us. Unpaid orders are saved but never produced. If you leave checkout, your order remains saved and you have not been charged.
- You authorize us to charge the total shown at checkout. Any receipt or invoice is provided by Stripe.
- If Stripe or a card issuer reverses a payment, we may suspend delivery, revoke download access to the affected Films and recover amounts owed.
- We may waive fees for particular orders (for example, courtesy re-renders). Waived orders are provided at our discretion and are otherwise subject to these Terms.
8. Production, review, delivery, cancellations and refunds
8.1 Production and human review
After payment, your order enters a production queue. Orders are processed sequentially by our rendering system and can take several minutes to several hours or longer depending on queue depth, AI provider availability and provider rate limits. We do not guarantee any turnaround time. Before release, listing films go through a human quality check in which a reviewer compares every shot with its source image, confirms fixed features are preserved and disclosures are visible, and checks the no-contact edition for prohibited contact details. Single photo animations are validated technically but do not receive an individual visual review.
8.2 Delivery
Finished Films are delivered to your signed-in order page as private downloads. We do not email files. Download file names include the property address you supplied. Your source photos remain available on your order page. When a Film is re-rendered or corrected, we keep the previous version privately as a production reference; it is not offered for download.
8.3 Failures and recovery
If production fails, your payment and saved progress are retained while we retry (up to three automated attempts) or manually recover the order. We may assemble a recovery edition from supplied or previously generated clips without new AI generation. We may contact you if additional input is needed.
8.4 Cancellations
You may abandon an unpaid order at any time; unpaid orders are never charged. Once payment is confirmed, you cannot cancel for a refund.
8.5 Refunds
Films are custom digital goods, and generation costs are incurred as soon as production starts. We do not issue refunds. Unpaid orders can be abandoned and are never charged. After payment, if we made a studio error we will re-render the affected Film at no charge. We do not refund add-ons such as custom songs or single photo animations once generated.
9. Ownership and licenses
9.1 Your Films
Upon our receipt of full payment, EIG grants you a non-exclusive, perpetual license to use the delivered Films for marketing the property they depict and your related professional services. EIG retains ownership of the Films and of EIG background technology, subject to the exceptions below. Until payment is received, Films are licensed to you only for preview. Because the Films are generated in part by AI systems, we do not represent that any copyright subsists in the AI-generated portions.
9.2 Exceptions
- Included background music. The default soundtrack (“Boardroom Undercurrent”) is licensed, not sold. You receive a non-exclusive, perpetual license to use it only as embedded in your Films. You may not extract, remix or reuse it separately.
- AI-generated custom songs are generated by a third-party music model and delivered subject to that provider’s output terms. You receive the same embedded-use license described above.
- On-screen disclosures are part of the Film and may not be removed (Section 5).
- EIG background technology — our software, workflows, prompts, templates, styles, disclosure system, brand assets and know-how — remains our property. No rights are granted except as stated here.
9.3 Portfolio use
We will not display your Films or property address publicly as examples without your written consent. Example films currently on the Site are shown with that consent.
9.4 Feedback
If you send us suggestions, we may use them without obligation to you.
10. AI-generated output and disclosures
- Films are created using generative AI. Generative models can introduce visual errors: altered details, textures, reflections, lighting, fixtures, invented or missing elements, and inaccurate close-up detail. Our prompts instruct the models to preserve existing features; this is a constraint, not a guarantee.
- Virtual staging adds furnishings and decor that do not exist in the property. Furniture-arrival animations show illustrative furnishings and textures that are not property features.
- Films are not newly filmed footage, not a 3D tour, not a measured survey, and not a representation or warranty of the property’s condition, dimensions, features, views or finishes.
- Every Film carries permanent on-screen disclosures identifying the technique used (for example “Virtual staging + AI motion” or “AI-generated motion”), the source of the imagery, and the illustrative nature of the media, plus a closing disclosure card. You agree to keep these intact.
- You must review every Film against the source photos and the actual property before publishing it. Full detail is in our Disclosures & Disclaimers.
11. Real estate advertising compliance
You are solely responsible for the lawful use of the Films. In particular:
- MLSs, listing portals, social platforms and brokerages have their own rules about virtually staged or altered imagery, required identification of virtual staging, watermarking, adjacency of original photos, and contact information in media. The generic disclosures embedded in a Film do not by themselves satisfy photo-specific or platform-specific requirements. Check your destination’s current rules before publishing.
- Texas licensees must comply with the Texas Real Estate Commission’s advertising rules (including 22 TAC §535.155 on misleading advertising and broker identification) and, where applicable, HAR MLS rules on virtual staging and altered photographs. Licensees in other jurisdictions must comply with their own regulators’ rules.
- All advertising you create must comply with the federal Fair Housing Act and applicable state and local anti-discrimination laws.
- Virtaire does not certify any Film as compliant with any MLS, regulator, platform or brokerage. Compliance decisions are yours and your broker’s.
12. Third-party services
The Service depends on third-party providers, including Cloudflare (website, database and media storage), OpenAI (ChatGPT sign-in, where offered), Google (sign-in), Stripe (payments), Resend (verification and password-reset email), xAI (image and video generation and room recognition) and ElevenLabs (custom music). We may use additional or replacement providers, including Railway for rendering infrastructure. Their availability, rate limits, quality and terms are outside our control, and production may pause when a provider is unavailable, rate-limited or its spending allowance is held. Your use of Stripe-hosted checkout, Google sign-in and ChatGPT sign-in is also governed by those providers’ terms.
13. Availability
We may pause new orders at any time. We do not promise that the Service will be uninterrupted, error-free or available at any particular time, and we may perform maintenance without notice.
14. Disclaimer of warranties
To the fullest extent permitted by law, the Service and all Films are provided “as is” and “as available.” EIG disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade. We do not warrant that Films will be free of visual errors, that AI output will match source images, that Films will comply with any MLS, platform or regulatory requirement, or that the Service will meet your requirements.
15. Limitation of liability
To the fullest extent permitted by law: (a) EIG and its members, managers, employees, contractors and providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost commissions, lost listings, lost data, regulatory fines, or reputational harm, arising out of or related to the Service or any Film, however caused and under any theory of liability, even if advised of the possibility; and (b) our total aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (i) the amounts you paid us for the order giving rise to the claim, or (ii) fifty U.S. dollars ($50). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the smallest amount permitted by law.
16. Indemnification
You will defend, indemnify and hold harmless EIG and its members, managers, employees, contractors and providers from any claim, demand, loss, liability, damage, cost or expense (including reasonable attorneys’ fees) arising out of or related to: Your Content; your breach of Sections 4, 5 or 11; your publication or use of any Film; any claim that Your Content or your use of a Film infringes or violates the rights of a third party, including copyright in photographs, rights of privacy or publicity, or the rules of an MLS, brokerage or regulator; or any misleading, deceptive or discriminatory advertising created with the Service.
17. Suspension and termination
You may stop using the Service at any time and may request closure of your account by emailing us. We may suspend or terminate your access, or disable your account, immediately if you breach these Terms, if required by law, or if continued service creates risk for us or others. On termination your right to use the Service ends; paid and delivered Films remain licensed to you under Section 9; Sections 4 (license, for retained data), 9, 10, 11, 14–16, 19 and 20 survive. Data handling after termination is described in the Privacy Notice.
18. Changes to the Service or these Terms
We may update these Terms. The “Effective” date above shows when the current version took effect. Material changes will be posted on the Site, and for accounts with orders in progress we will make reasonable efforts to notify you by email. Continued use after the effective date means you accept the revised Terms. Orders already paid remain subject to the Terms in effect when they were paid.
19. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to their personal jurisdiction. Before filing a claim, you agree to contact us at info@emergentintelligencegroup.com and attempt in good faith to resolve the dispute informally for at least 30 days. The United Nations Convention on Contracts for the International Sale of Goods does not apply. To the extent permitted by law, any claim must be brought within one year after it arises.
20. General
- Entire agreement. These Terms, the Privacy Notice and the Disclosures & Disclaimers are the entire agreement between you and EIG about the Service and supersede prior agreements.
- Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect.
- No waiver. Our failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or successor.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including provider outages, internet failures, or acts of government.
- Notices. Legal notices to us must be sent to Emergent Intelligence Group LLC, c/o Corporate Service Center, Inc., 15500 Voss Rd, Ste 425, Sugar Land, Texas 77498, United States, with a copy to info@emergentintelligencegroup.com. Notices to you may be sent to the email on your account.
- Export and sanctions. You represent that you are not located in, or a resident of, a country or on a list subject to U.S. sanctions or export restrictions.
21. Contact
Emergent Intelligence Group LLC
c/o Corporate Service Center, Inc., 15500 Voss Rd, Ste 425, Sugar Land, Texas 77498, United States
info@emergentintelligencegroup.com