Terms & Conditions

Effective Date: May 3, 2026

1. Acceptance of Terms

By accessing Piczell Real Estate Media LLC (Piczell) scheduling media services or downloading delivered assets, you agree to these Terms of Use. If you do not agree, do not use our services or website.

2. Intellectual Property, Copyright, & Licensing

Ownership: Piczell retains full copyright ownership of all photographs, video footage, drone media, 3D tours, floor plans, and any other media created during any shoot.
Residential Usage License: Upon full payment, residential clients receive a limited, non-exclusive, non-transferable license to use the media solely for marketing the specific property listing. This license automatically terminates when the listing is sold, leased, or taken off the market.
Commercial Real Estate (CRE) License: Media captured for commercial properties (e.g., retail, office, industrial, multi-family) is granted a multi-year, non-exclusive marketing license for broker branding, portfolios, and property promotion. This license is restricted to the purchasing entity and may not be transferred or sold to subsequent buyers, developers, or tenants without a separate buyout agreement from Piczell.
Transfer Restrictions: Media may not be sold, gifted, or transferred to new agents, homeowners, or third-party platforms without Piczell's express written consent.

3. Media Delivery, Storage, & Archive Retrieval Fees

Turnaround Estimates: Standard photo delivery is typically 24–48 hours post-shoot. High-end commercial or video productions may take up to 72 hours.
90-Day Complimentary Storage: Piczell hosts your delivered media files on our active servers for a maximum of ninety (90) days from the shoot date. Clients are strictly responsible for downloading and backing up all files before this window expires.
Archive Retrieval Fee: If media must be retrieved from our off-site cold storage archives after the 90-day period has expired, a non-refundable administrative retrieval fee will apply per project. Piczell does not guarantee that archived media will be recoverable indefinitely after the initial 90 days.

4. Listing Preparation & Subcontractor Services

Subcontractor Utilization: Piczell may source, schedule, or recommend independent third-party subcontractors to perform property preparation services (including professional cleaning, home staging, and minor organizational services).
Independent Contractor Liability: You acknowledge that these listing preparation professionals operate as independent contractors, not employees of Piczell.
Waiver of Liability: Piczell assumes zero liability for any property damage, delays, financial losses, or unsatisfactory work resulting from services performed by these subcontractors. Any disputes, claims, or property damage complaints must be filed directly against the specific subcontractor's business insurance entity.

5. Texas MLS & Advertising Compliance

MLS Upload Rights: Clients uploading Piczell media to a local Texas Multiple Listing Service (MLS) warrant that their agreement with the MLS permits sublicensing under these Terms.
Virtual Alteration Disclosures: If you order virtual staging, item removal, or AI enhancement, you must strictly comply with Texas Real Estate Commission (TREC) guidelines regarding truth in advertising. You agree to explicitly mark or describe altered images on marketing channels (e.g., "Virtually Staged"). Piczell assumes zero liability for deceptive advertising claims.

6. On-Site Shoot & Property Liability

Preparation: Properties must be clean, staged, and physically ready at the scheduled time. Piczell media professionals will not move furniture or handle personal property.
Access & Safety: A licensed agent or property representative should be present. Piczell is not responsible for alleged property damage or missing items during unescorted visits.
Unsafe Conditions: Photographers reserve the right to cancel a session immediately if they encounter unrestrained animals, hostile environments, or clear safety hazards.

7. FAA Certified Drone Operations

Pilot Qualifications: All aerial operations are executed by FAA Part 107 licensed remote pilots.
Safety Cancellations: Flights are dependent on clear weather and legal airspace limitations. Piczell reserves the right to postpone drone shoots due to high winds, rain, or temporary flight restrictions (TFRs).

8. Invoicing, Payments, & Financial Terms

Electronic Invoicing: All invoices for services rendered by Piczell will be generated and delivered exclusively via electronic means and sent directly to the client's registered email address.
Payment Due Date: Payment is due in full upon receipt of the electronic invoice, unless a specific corporate billing account with net-payment terms has been pre-approved in writing by Piczell.
Delivery Lock Protection: High-resolution, unwatermarked media files are processed and delivered via a secure digital lock portal. Final media download privileges are automatically restricted and will not unlock until the corresponding electronic invoice is paid in full.
Credit Card Surcharges: Piczell absorbs all standard merchant credit card processing fees. The price quoted on your invoice for card payments is the price you pay, with no added transactional surcharges.
Texas Sales Tax: All listed prices are exclusive of tax. Piczell and/or the financial or transactional platform used for security and convenience will calculate, itemize, and collect the applicable Texas state and local sales tax on the list prices for every electronic invoice, where applicable by law.
Late Fees: Any invoice remaining unpaid fifteen (15) days past the due date will incur a late fee of $25.00 or 1.5% per month on the outstanding balance, whichever is greater, to the maximum extent permitted under Texas law.
Collection & Legal Fees: If an account must be turned over to a collections agency or legal counsel due to non-payment, the client agrees to pay all collection costs, reasonable attorneys' fees, and court costs incurred by Piczell.

9. Limitation of Liability & Texas Venue Selection

Liability Cap: To the fullest extent permitted under Texas state law, the total liability of Piczell for any claim, error, or omission is strictly limited to the amount paid by the client for that specific service.
Governing Law: These terms are governed entirely by the laws of the State of Texas. Any formal legal proceedings, mediation, or disputes must be filed and conducted exclusively in a court of competent jurisdiction within Texas.