Wowsmith Terms of Service

These Terms of Service are a binding agreement between you and Wowsmith, operated by Ashenmoore (“Wowsmith,” “we,” “us”). By creating an account, purchasing credits, or using the service, you accept these Terms and our Privacy Policy. We record the version you accepted at signup. If you do not agree, do not use the service.

You must be at least 18 years old and able to form a binding contract to purchase or use Wowsmith. If you use the service on behalf of a business, you represent that you are authorized to bind that business. The service is not directed to children under 13, and you may not upload photos depicting a minor without the verifiable consent of that minor's parent or legal guardian.

You are responsible for keeping your login credentials secure and for all activity under your account. Enable two-factor authentication where offered. Notify us promptly of any unauthorized use. We are not liable for losses arising from your failure to safeguard your account.

You retain ownership of the photos, text, and other materials you upload (“User Content”). You grant Wowsmith a limited, worldwide, non-exclusive, royalty-free license to host, process, reproduce, and modify your User Content solely to operate the service and to produce, review, and deliver your video. This license ends when your content is deleted, except for backups retained for the period described in the Privacy Policy and for records we must keep by law.

What you get. Upon full payment, you receive a worldwide, royalty-free, perpetual, irrevocable commercial license to use, reproduce, edit, and publish your delivered video, including the embedded soundtrack as part of that video, on your listings, website, social media, and advertising. You may use it for any lawful commercial purpose, including after your subscription ends. If a payment is reversed, charged back, or refunded, the license for that video terminates and you must stop using it.

What we keep. We retain ownership of our software, prompts, models, templates, beat structures, the house cast of digital performers, and the pipeline. Your license covers the finished video as delivered. It does not let you extract, isolate, reuse, or re-license the house cast performers, our prompts, or any component of the pipeline, and it does not let you use the video to train a competing model.

AI output may not be copyrightable, and it is not exclusive. Two things you should understand before you rely on this video commercially. First, material generated by artificial intelligence without sufficient human authorship may not be eligible for copyright protection in the United States or elsewhere, so you may be unable to stop a third party from copying it. We make no representation that your video is protectable by copyright. Second, our system may produce similar or coincidentally comparable output for other customers, particularly for similar properties and similar instructions. Your license is non-exclusive as to style, structure, and any incidental similarity.

Videos, images, and songs are generated by artificial-intelligence models. AI output can contain errors, artifacts, inaccuracies, or unexpected results, and may not perfectly match a real person, place, or your instructions.

Your video is an enhanced, stylized depiction, not a factual record of the property. Our videos add motion, lighting, weather, time-of-day effects, and digital performers that were not present when your photos were taken. Skies, sunsets, water, and decor may be altered or animated. Rooms may be depicted with people who do not exist. Nothing in a delivered video should be treated as an accurate representation of the condition, dimensions, features, or surroundings of a real property.

You are the publisher. Once we deliver, you decide whether, where, and how to use the video. You are solely responsible for the published result and for complying with every rule that applies to you, which may include: real-estate advertising and licensing rules in your state; your broker's and MLS's advertising, attribution, and enhanced-image disclosure requirements; the Fair Housing Act and state and local anti-discrimination law; platform advertising policies; and any obligation to disclose that an image or video is AI-generated or digitally enhanced. Where disclosure is required or advisable, making that disclosure is your responsibility, not ours.

You agree not to publish a delivered video in a way that misrepresents a property or misleads a buyer, renter, or guest. Review every delivered video in full before you publish it. Your decision to publish is your acceptance of the output as fit for your purpose.

Generation relies on third-party AI model providers for video, music, and text. Their availability, behavior, pricing, and output are outside our control and may change or be discontinued. We may substitute providers at any time. We are not responsible for provider outages or changes that affect turnaround or output.

If your uploads depict any identifiable person, including yourself, an actor, or a model, you represent and warrant that you have obtained all necessary written consent from that person (or their parent or legal guardian for a minor) to process their likeness with AI to create a digital performer and to use the resulting video. You are solely responsible for likeness, publicity, and privacy rights, and you agree to indemnify us for any claim arising from a person depicted in your content. We may require proof of consent and may reject or remove content at our discretion.

Soundtracks are AI-generated works licensed for use only within your delivered video. You may not distribute, sell, or publish the audio track on its own. Music generation depends on a third-party service that we may change, replace, or discontinue without notice; we do not guarantee any particular musical style, artist voice, or continuity of the feature.

Allowed. Photos of real property you own, represent, manage, or are otherwise authorized to market; photos of interiors, exteriors, grounds, amenities, and decor; scene descriptions about the space, the mood, the time of day, the weather, and what the camera does; photos of people who have given you written consent, including yourself.

Not allowed. You may not upload, request, or use outputs to create any of the following:

• Sexual content involving minors. Zero tolerance. We report to the National Center for Missing & Exploited Children and to law enforcement, preserve evidence, and terminate the account permanently.
• Any sexual, nude, or suggestive content, of anyone, at any age.
• Photos or footage you do not own or have no right to use, including images scraped from a listing site, another agent's photography, or a prior brokerage's marketing.
• Identifiable people without their written consent, or a minor without their parent or legal guardian's written consent.
• Third-party trademarks, brand names, logos, franchise characters, or copyrighted characters, whether in a photo or in a scene description.
• Content that describes who a property is for, or references race, color, national origin, religion, sex, familial status, disability, age, marital status, sexual orientation, or source of income. Describe the property, never the intended occupant. This is a Fair Housing requirement and it applies to your scene descriptions as well as your photos.
• Violent, hateful, harassing, threatening, defamatory, or unlawful content.
• Anything intended to deceive, including depicting features, rooms, views, or conditions a property does not have, or impersonating a real person or business.
• Attempts to extract, reverse-engineer, or reproduce our prompts, models, or pipeline, including instructions written into a scene description that are aimed at our systems rather than at describing a shot.
• Automated or bulk use that circumvents credits, rate limits, or account restrictions.

Automated filters and human review run on every order and may reject any of it. We may refuse, cancel, or remove content at our discretion, and we may report unlawful content to the authorities. Rejections for a content reason are handled under Section 13.

Every order passes human review before delivery. We may regenerate, crop, or decline scenes to meet quality and content standards, and we may refuse or cancel any order that violates these Terms. Delivery windows are estimates, not guarantees.

Wowsmith is sold as credits and monthly subscription plans. Credit prices and plan rates are shown at checkout. Subscription plans bill monthly and renew automatically at the rate disclosed at checkout until you cancel. Where a founder or other promotional rate applies, that rate remains yours for as long as your subscription stays continuously active; if you cancel or your subscription lapses, re-subscribing may be at the then-current standard rate.

You authorize us and our payment processor (Stripe) to charge your payment method on a recurring basis until you cancel. You can cancel at any time from your billing settings; cancellation stops future renewals and takes effect at the end of the current billing period. Credits are consumed when you submit an order, may expire as disclosed for your plan, and have no cash value.

If we reject an order for a content or quality reason, we will refund or restore the credits for that order.

100% satisfaction guarantee. We stand behind every delivery. If you are not happy with a delivered video, contact us within 14 days of delivery and we will work with you to make it right, including regenerating scenes. If you are still not satisfied, we will refund the payment (or restore the credits) for that order. The guarantee applies once per delivered order and does not cover requests made after the 14-day window or abuse of the program.

Subscription cancellations stop future charges but are not prorated for the current period, and previously delivered videos are unaffected. To cancel, use your billing settings or contact support@wowsmith.app.

You agree to defend, indemnify, and hold harmless Wowsmith and its officers, employees, and providers from any claim, loss, or expense (including reasonable attorneys' fees) arising from your User Content, your instructions or prompts, your use, publication, or distribution of outputs, your violation of these Terms, or your violation of any law or third-party right. This expressly includes claims that a published video misrepresented a property, failed a required disclosure, or violated a real-estate advertising, licensing, MLS, or fair-housing rule that applies to you.

The service and all outputs are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that outputs will meet your expectations or any particular standard.

To the maximum extent permitted by law, Wowsmith will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability for any claim relating to the service is limited to the amounts you paid us in the twelve months preceding the event giving rise to the claim.

Please read this section carefully; it affects your legal rights. You and Wowsmith agree to first try to resolve any dispute informally by contacting support@wowsmith.app. If we cannot resolve it within 30 days, any dispute arising out of or relating to these Terms or the service will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court, except that either party may bring a claim in small-claims court.

You and Wowsmith waive the right to a jury trial and the right to participate in a class action or class-wide arbitration. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@wowsmith.app with your account email and a statement that you opt out.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. To the extent a claim is not subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, Florida.

We respect intellectual-property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act. Our notice-and-takedown and counter-notice procedures, and our designated agent, are described on our DMCA page.

We may suspend or terminate your account for any violation of these Terms, for suspected fraud or abuse, or as required by law. On termination, your right to use the service ends; unused credits are forfeited except where prohibited by law; and your content is handled per the Privacy Policy retention schedule. You may close your account at any time.

We may update these Terms or the service from time to time. For material changes we will provide notice (for example, by email or in-app) and update the version date above. Continued use after changes take effect means you accept the updated Terms.

Features labeled beta, preview, or early access (for example, Agent Tour before general release) are provided without warranty, may not function as described, and may be changed, limited, or withdrawn at any time. Descriptions of not-yet-released features are informational and not a promise that the feature will ship or perform as shown.

If any provision is unenforceable, the rest remains in effect. These Terms and the Privacy Policy are the entire agreement between you and us regarding the service. You may not assign these Terms; we may assign them to an affiliate or successor. Our failure to enforce a provision is not a waiver. We are not liable for delays or failures caused by events beyond our reasonable control. Notices to you may be sent to your account email; notices to us go to legal@wowsmith.app.