Residential Real Estate Marketing Services â?? Terms of Use

These Terms of Use govern the residential real estate marketing services provided by
Daily As Built LLC ("Daily As Built") to the Client.

By placing an order, scheduling services, accepting delivery of, downloading, or using any Deliverables,
Client acknowledges that they have read, understood, and agree to these Terms of Use.

1. Scope of Services

Daily As Built provides residential real estate marketing services, which may include, but are not limited to:

• Professional HDR Photography


• Drone Photography and Video, where permitted


• Virtual Twilight Photography


• Virtual Staging


• Marketing Floor Plans


• iGUIDEÃ?® 3D Tours


• Property Websites


• Branded and Unbranded Marketing Media


• Social Media Content


• Other related real estate marketing services requested by Client

Services provided are limited to those specifically ordered by Client.

2. Professional Standards

Daily As Built LLC is committed to producing high-quality real estate marketing media that presents properties professionally while maintaining a fair and accurate representation of their permanent physical characteristics.

Image editing and enhancement techniques are intended to improve visual presentation, consistency, and overall marketing effectiveness. Daily As Built LLC does not use image editing or virtual enhancement services to intentionally create deceptive or misleading representations of a property's permanent features or condition.

Our goal is to help market every property at its best while maintaining the professional standards expected by our clients, prospective buyers, Multiple Listing Services (MLS), and the real estate industry.

3. Property Readiness

Client is responsible for ensuring that the property is ready for photography at the scheduled appointment time.

Unless otherwise agreed in writing, Daily As Built is not responsible for:

• Cleaning


• Staging


• Landscaping


• Decluttering


• Removing personal belongings


• Moving furniture


• Preparing the property for photography

Additional time required due to an unprepared property may result in additional charges or rescheduling.

4. Property Access

Client is responsible for obtaining all necessary permissions to access and photograph the property.

Client shall ensure that occupants, tenants, pets, security systems, and access instructions are properly coordinated before the scheduled appointment.

Daily As Built is not responsible for delays or incomplete services resulting from restricted access or inaccessible areas.

5. Weather and Rescheduling

Photography services may be rescheduled due to weather conditions that, in the professional judgment of Daily As Built, would negatively impact image quality or flight safety.

Drone photography is subject to FAA regulations, weather conditions, temporary flight restrictions, and safe operating conditions.

6. Cancellation and Rescheduling

Daily As Built understands that real estate schedules can change. Clients are encouraged to provide as much advance notice as possible if an appointment must be canceled or rescheduled.

Appointments canceled or rescheduled with less than 24 hours' notice, or appointments where Daily As Built is unable to perform the requested services due to lack of property access, an unprepared property, utility outages, or other circumstances beyond Daily As Built's control, may be subject to a cancellation, rescheduling, or trip fee.

If additional trips are required to complete services because the property was not ready or accessible at the original appointment, additional service charges may apply.

Daily As Built reserves the right to reschedule appointments due to unsafe conditions, severe weather, equipment failure, or other circumstances beyond its reasonable control.

7. Travel Fees

Daily As Built provides services throughout the greater Austin metropolitan area.

Projects located outside Daily As Built's standard service area may be subject to additional travel fees. Any applicable travel charges will be disclosed and approved by Client prior to scheduling the appointment.

Additional travel may also be required if multiple site visits are requested or become necessary due to changes in project scope or property accessibility.

8. Image Enhancements

As part of Daily As Built's standard workflow, Deliverables may include professional image enhancements such as:

• HDR processing


• Exposure and color correction


• Perspective correction


• Sky replacement


• Virtual twilight conversion


• Virtual staging


• Digital addition, removal, or repositioning of personal property or temporary items at the Client's request

Examples of personal property or temporary items include furniture, d�©cor, artwork, vehicles, trash receptacles, garden hoses, seasonal decorations, small landscaping items, and similar movable objects.

Daily As Built does not intentionally alter, add, remove, or conceal permanent structural features, fixtures, built-in improvements, or material property conditions, including but not limited to walls, doors, windows, roofs, driveways, pools, fences, fireplaces, cabinetry, countertops, appliances, plumbing fixtures, electrical fixtures, or other components of the real property.

Virtual staging and other digitally enhanced images are intended solely to help prospective buyers visualize the potential use of a space and do not represent the property's actual furnishings or condition.

Daily As Built LLC will not knowingly create or deliver images that materially misrepresent the permanent physical characteristics or condition of a property.

Client is solely responsible for ensuring that all edited images, including virtually staged images and other enhanced Deliverables, comply with applicable MLS rules, brokerage policies, advertising regulations, disclosure obligations, fair housing laws, and all other applicable legal requirements.

9. Marketing Floor Plans

Marketing Floor Plans are intended solely to assist prospective buyers in understanding the general layout and approximate dimensions of a property.

Marketing Floor Plans are created for marketing purposes only and are not architectural drawings, construction documents, certified surveys, or Existing Conditions documentation.

Dimensions, room sizes, square footage, and layout information are approximate and should not be relied upon for engineering, permitting, remodeling, construction, fabrication, or other technical purposes.

Buyers, sellers, and their representatives should independently verify all property information before making purchasing or investment decisions.

10. Delivery

Deliverables are provided electronically through Daily As Built's online delivery platform.

Delivery timelines are estimates and may vary based on service level, editing requirements, weather delays, or circumstances beyond Daily As Built's reasonable control.

Requests for additional editing or revisions beyond the original scope of work may be subject to additional fees.

11. Payment

Payment is due according to the terms agreed upon between Client and Daily As Built.

Daily As Built reserves the right to withhold delivery of Deliverables until payment has been received in full.

12. Copyright and Licensing

All Deliverables remain the intellectual property of Daily As Built LLC.

Client's rights to use the Deliverables are governed by the
Digital Deliverables License and Terms of Use, which is incorporated into these Terms of Use by reference.

13. Limitation of Liability

To the fullest extent permitted by law, Daily As Built LLC shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages arising out of or relating to the services provided or the use of the Deliverables.

Client is solely responsible for the accuracy of listing information, marketing content, property disclosures, and compliance with applicable MLS rules, brokerage policies, licensing requirements, and all applicable federal, state, and local laws.

Daily As Built LLC's total cumulative liability arising out of or relating to the services provided shall not exceed the total amount paid by Client for the specific services giving rise to the claim.

14. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas.

Any legal action arising from these Terms of Use shall be brought exclusively in the state or federal courts located in Travis County, Texas.

15. Acceptance

By placing an order, scheduling services, accepting delivery of, downloading, or using Deliverables provided by Daily As Built LLC, Client acknowledges that they have read, understood, and agree to these Terms of Use, the Daily As Built Disclaimer, and the Digital Deliverables License and Terms of Use.

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