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.

What the service covers. Wowsmith includes AI video and music generation (Sections 5 to 9), photo delivery galleries you send to your own clients (Section 23), the AI enhanced photo labelling that goes with them (Section 24), image processing tools including HDR merge (Section 25), and the partner API (Section 26). Every general term here, including the disclaimers in Section 15, the limitation of liability in Section 16, and the arbitration agreement in Section 17, applies to all of them.

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: to produce, review, and deliver your video; to store your photos and serve them to the recipients you choose through a delivery gallery; and to process the files you submit to an image tool such as HDR merge. We claim no ownership of your photos, we do not use them to train models, and we do not show them to anyone you did not send them to. 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.

The same principle governs photographs that were enhanced with AI, whether you made them elsewhere and delivered them here or made them with a tool of ours. Section 24 sets out who labels what.

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, photo delivery, and HDR merge before general release) are provided without warranty, may not function as described, and may be changed, limited, or withdrawn at any time. Access may be granted per account and withdrawn. Descriptions of not-yet-released features are informational and not a promise that the feature will ship or perform as shown.

What it is. You upload finished photographs, we store them and publish them at a private gallery link, and we send one email to the client address you enter, plus any additional addresses you add. The email goes out from our domain carrying your business name, with your own account email as the reply-to. Your client can view the photos, download them in full size or web size, leave notes on individual photos, and request video. A delivery can also carry videos, up to five standard and five vertical, each up to 1.5 GB. We store the file you upload as the full quality download, make a copy for playback (a smaller 1080p copy when your file would not stream well, in which case your client can download either), and publish two link pages for each video, described below.

Your photos, your client, your call. You represent that you own or are licensed to deliver every photo you upload, that you are entitled to send it to the address you enter, and that the photos and your message comply with any agreement between you and your client and with any rule that binds you, including your MLS and brokerage rules. We are a delivery tool. We do not review, license, clear, or verify what you deliver, we take no position on any dispute between you and your client about payment or usage rights, and we are not a party to that relationship.

The link and the code. A gallery link is a capability, and from 27 September 2026 every new delivery also carries a 4 digit code, printed near the top of the delivery email. Whoever holds both can open the gallery and download the photos, and your client may pass the code to a seller or a co-listing agent who has no account. Keep both as private as the photos deserve. You can reset a link at any time, which stops every copy of the old one, and every code already entered, from working. Deliveries sent before that date continue to open with the link alone. We are not responsible for what happens to a link or a code after you send it.

Hosting period, reminders, and deletion. Everything in a delivery, photos, videos, the gallery and every video link page, is hosted for six months from the day you send it. A replacement video takes over the remaining time of the one it replaces. We email the client, anyone copied on the delivery, and you about thirty days before the date and again the day before. When the date passes the gallery and its link pages stop working immediately, and the stored files are permanently deleted within roughly two days. Deleted files cannot be recovered. Keep your own master copies: a delivery gallery is not a backup or an archive service and must not be relied on as one. We do not guarantee uninterrupted availability during the hosting period.

Keeping a gallery online: an auto-renewing subscription. Anyone holding the gallery link can keep the whole delivery online by starting a hosting subscription through Stripe, without an account. You are charged $5.00 USD when you start it, and $5.00 USD every six months after that, until you cancel. Each payment adds six months to the delivery's hosting, counted from its current end date, or from the day of payment if that date has already passed and the files still exist. There is one subscription per gallery. The photographer who sent a delivery can also extend it by six months at no charge.

Cancelling. You can cancel at any time, online: use Manage or cancel auto-renew at the bottom of the gallery, or the same link in the confirmation email we send when you start. It opens Stripe's customer portal, where you enter the email address you paid with and Stripe emails that address a secure link; the same page lets you change your card and see your invoices. Cancelling stops every future charge. The gallery then stays online for all the time you have already paid for, and payments already made are not refunded, except where the law requires it and in one case we handle ourselves: if a payment arrives when there is nothing left to host, because the delivery or its files were deleted, we refund that payment and end the subscription. If the photographer deletes a delivery, we cancel its subscription. If a renewal payment fails, Stripe retries it, and if it is never collected the hosting simply runs out on its date. We may change the price or the length of the hosting period for future deliveries and future renewals on advance notice; time already paid for is honored.

Video link pages. Each delivered video has an MLS compliant link, a page that plays the video and shows the title of the delivery and nothing else, and a branded link, the same page with an agent's details. Both are public: anyone with the link can watch, no password is involved, and either page may be embedded in another website. Both are kept out of search engines. The title you give a delivery is shown on both pages, so do not put in it anything you would not publish. “MLS compliant” describes how the page is built, with no names, logos, contact details or outbound links; it is not a legal opinion or a guarantee that any particular MLS will accept it. Rules differ between MLSs and change, and it is the responsibility of the person who enters a link into an MLS to confirm that it meets that MLS's rules, including any rule about what the video itself shows or says.

Shoot upload links. You can create a link that lets a photographer you hire send you the files from one job without an account. The link is a capability: whoever holds it can add files to that job and nothing else, and it stops working when you close it, reset it, or the week runs out. Files uploaded this way are held for seven days and then permanently deleted. You can extend a job by another seven days as often as you need, or delete it sooner. This is a hand-off, not storage: keep your own copies, and tell anyone you send a link to do the same. You are responsible for who you give a link to and for what is uploaded with it.

Agent branding. A person whose verified email address is the client address or a copied address on a delivery can create a free account and put their name, title, brokerage, phone number, headshot and email address on that delivery's branded links. The first such person to finish their branding is the one whose details appear, and only they can change them; you, as the sender, can reset this for any of your deliveries. If you are that agent, you represent that the details you publish are accurate and yours to publish, that you have the right to use the headshot, and that the page as you have set it up meets the advertising rules that bind you, including any license law requirement about how your brokerage must be identified. Branding fields are text only; web addresses are not accepted. Headshots are checked automatically before they appear, and we may remove or refuse any branding at our discretion. A free account starts with no credits and nothing in these Terms requires you to buy any.

Client notes. Notes your client writes in the gallery reach you on the delivery page in your dashboard. They are a message channel between you and your client; we neither act on them nor guarantee that you read them, and a change request made in a note creates no obligation for us.

Two sections, one honest label. When you build a delivery you place each photo in one of two sections: standard photos, and AI enhanced photos, which means any image where a model changed what the camera saw, including virtual staging, an AI replaced sky or twilight, generative fill, and object or blemish removal that alters the property as depicted. Every photo you put in the AI enhanced section is badged in the gallery, badged again in the larger view, counted in the delivery email, and can be excluded from the client's download in one click.

You classify; we display. The classification is yours. We do not and cannot detect AI work in a file, and we do not check your classification. If you put an enhanced photo in the standard section, the gallery will describe it as standard, and that is your representation to your client, not ours. You are responsible for classifying every photo accurately, and you agree to indemnify us under Section 14 for any claim arising from a misclassification.

The recipient discloses at publication. The person who publishes a photo is the person who must disclose it. If you or your client publish an AI enhanced or virtually staged photo, you are responsible for making whatever disclosure applies to that publication, which may include MLS rules on enhanced or virtually staged images, your brokerage policy, state real-estate advertising rules, advertising platform policies, and any law requiring disclosure that an image is AI generated or digitally altered. The gallery tells your client in writing that this responsibility is theirs; that notice is a courtesy, not legal advice, and it does not transfer any obligation to us.

We give no compliance opinion. Nothing in the product is legal advice, and no badge, label, count, or download option constitutes a representation that a photo may lawfully be published in any jurisdiction, on any platform, or under any MLS rule. Check with your broker, your MLS, and if necessary your attorney.

Virtual staging in particular. Virtually staged images depict furniture, finishes, or conditions that are not present. They must never be used to imply that a property contains something it does not. Anything you deliver that depicts a property inaccurately is your responsibility as the photographer and your client's as the publisher.

What it does. Our image tools, including HDR merge, take files you upload, such as a bracketed set of exposures of the same scene, and produce a processed image from them. Processing runs on our own infrastructure. Your files are not sent to a third-party AI model provider for this, and they are not used to train any model.

Ownership. You own your source files and you own the processed output, subject to payment where the tool is paid. We claim no ownership of either. We retain ownership of the tool, its algorithms, presets, and any learned model weights, and your use of the output grants you no rights in them. You may not use our outputs, or the pairs of input and output they create, to train or evaluate a competing image-processing model.

Output is an interpretation, not a measurement. Merging exposures makes choices about tone, colour, and detail. Windows, skies, light sources, and reflections in particular may not match what a person standing in the room would see. The output is not a colorimetric record, is not evidence of condition, and must not be presented as proof of the state of a property or used as the basis for an appraisal, an inspection, or an insurance claim. Review every processed image before you deliver or publish it; delivering it is your acceptance of it.

Automated processing can fail. Alignment can fail on handheld or moving subjects, artifacts can appear, and a batch can produce results you would not deliver. Keep your originals. The disclaimers in Section 15 and the liability cap in Section 16 apply in full to image processing, including to the loss of a source file you did not keep a copy of.

Where processing happens. Some image work runs in your own browser (the web-size and thumbnail copies a delivery makes, for example) and some runs on our servers. Either way the same terms apply.

If we issue you an API key, it authenticates as you and everything done with it is your responsibility. Keep it secret, never put it in client-side code or a public repository, and tell us immediately if it may have leaked; you can revoke and reissue keys at any time. We may rate limit, suspend, or revoke a key that is abused or that threatens the stability of the service.

The API is versioned and evolving. We may change or remove endpoints and fields, with notice where practical, and beta endpoints may change without notice. You may not use the API to build a service that competes with Wowsmith, to resell access, to scrape, or to circumvent credits, limits, or account restrictions. Data you pull through the API is subject to the same Terms as data you see in the app, including your obligations to the people whose personal information it contains.

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.