Terms of Use
Last updated: September 4, 2023
1. Introduction
Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) RealtyVis' services, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Service") and material that is made available through the Service (the "Content").
Use of the Service may be subject to additional terms and conditions presented by RealtyVis, which are hereby incorporated by this reference into these Terms.
By signing up for, or otherwise using, the Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Service or access any Content.
Service Provider
These Terms are between you and Qraft Technologies Inc., Vancouver, British Columbia, Canada.
Age and eligibility requirements
In order to use the Service and access any Content, you need to (1) be 13 years of age (or the equivalent minimum age in your home country) or older, (2) have parent or guardian consent if you are a minor in your home country, (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Service is available. You also promise that any registration information that you submit to RealtyVis is true, accurate, and complete, and you agree to keep it that way at all times If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. You can find additional information regarding minimum age requirements in the registration process. If you do not meet the minimum age requirements then RealtyVis will be unable to register you as a user.
2. The RealtyVis Service Provided by Us
Service Options
We provide numerous Service options. Certain Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial").
Third-Party Applications, Devices and Open Source Software
The Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. RealtyVis does not guarantee that Third-Party Applications and Devices will be compatible with the Service.
Service Limitations and Modifications
We use reasonable care and skill to keep the Service operational. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:
- The Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
- We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Service (including particular functions, features, subscription plans and promotional offerings).
- RealtyVis has no obligation to provide any specific content through the Service, and RealtyVis or the applicable owners may remove particular Content without notice.
If you have prepaid fees directly to RealtyVis for a Paid Subscription that RealtyVis discontinues prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), RealtyVis will refund you the prepaid fees for the Pre-Paid Period for any unused part of your then current Paid Subscription after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
RealtyVis has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.
3. Your Use of the RealtyVis Service
Creating a Realtyvis account
You may need to create a RealtyVis account to use all or part of the Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
RealtyVis may reclaim, or require you to change, your username for any reason.
Your rights to use the RealtyVis Service
Access to the RealtyVis Service
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make commercial use of the RealtyVis Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or RealtyVis. You agree that you will not redistribute or transfer the Service or the Content.
The RealtyVis software applications and the Content are licensed, not sold or transferred to you, and RealtyVis and its licensors retain ownership of all copies of the RealtyVis software applications and Content even after installation on your Devices.
RealtyVis Proprietary Rights
The Service and the Content are the property of RealtyVis or RealtyVis' licensors. All RealtyVis trademarks, service marks, trade names, logos, domain names, and any other features of the RealtyVis brand ("Brand Features") are the sole property of RealtyVis or its licensors. These Terms do not grant you any rights to use any Brand Features whether for commercial or non-commercial use.
You agree not to use the Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
Payments and cancellation
Billing
You may purchase a Paid Subscription directly from RealtyVis or through a third party either by:
- paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
- pre-payment giving you access to the Service for a specific time period (“Pre-Paid Period“).
Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Service in addition to these Terms. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of RealtyVis for access to a Paid Subscription ("Codes"), you hereby agree to the RealtyVis Card Terms.
Price and tax changes
RealtyVis may from time to time change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes (defined above), and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information you provide.
Renewal and Cancellation
With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to RealtyVis or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service.
Withdrawal right
If you sign up for a Trial, you agree that the withdrawal right for the Paid Subscription for which you are receiving a Trial ends a specified number of days after you start the Trial. If you don't cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorise RealtyVis to automatically charge you the agreed price each month until you cancel the Paid Subscription.
If you purchase a Paid Subscription with no Trial, you expressly consent to us providing you with the service immediately following your purchase, that you lose your right of withdrawal, and authorise RealtyVis to charge you automatically each month until you cancel.
4. About these Terms
Changes
We reserve the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through RealtyVis. Please check these Terms periodically for changes. Your continued use of the service after such changes have been posted constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Service, or (ii) 30 days from posting of such modified Terms on or through RealtyVis. This does not include, the resolution of any dispute that arises between you and us. This shall be governed by the Terms in effect at the time such dispute arose.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to all of the matters herein and that this Agreement supersedes all prior agreement or contemporaneous agreements or representations, written or oral, regarding such matters.
Amendments
Except as expressly provided in this Agreement, no amendment, supplement, restatement, replacement or termination of any provision of this Agreement is binding unless it is in writing and signed the parties.
Waiver
No waiver of any provision of this Agreement is binding unless it is in writing and signed by all the parties to this Agreement entitled to grant the waiver. No failure to exercise and no delay in exercising, any right or remedy, under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision.
Severability
If any Section or any portion of any Section of this Agreement is determined to be unenforceable or invalid for any reason whatsoever that unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of this Agreement and such unenforceable or invalid Section or portion thereof shall be severed from the remainder of this Agreement.