PropViva Labs - Terms of Service

Last Updated: August 23, 2026
 

These Terms of Service (“Terms”) govern the purchase and use of services provided by PropViva Labs (“PropViva,” “we,” “us,” or “our”). By placing an order, submitting materials, making payment, or using content produced by PropViva, you (“Customer”) agree to these Terms.
 

1. Services

PropViva provides real estate marketing and media services that may include property videos, social media videos, branded and unbranded content, listing announcements, open-house content, price-improvement content, social media captions, hashtags, virtual staging, image enhancements, narration, music, and related marketing materials.

Services and deliverables may vary according to the package purchased and the materials provided by the Customer.

2. Customer-Supplied Materials

Customers may provide PropViva with photographs, listing information, property addresses, logos, agent photographs, brokerage information, branding, text and other materials (“Customer Materials”).

By submitting Customer Materials, Customer represents and warrants that Customer owns the materials or has all permissions, licenses and rights necessary to allow PropViva to use, reproduce, edit, modify, create derivative works from and incorporate those materials into the requested marketing content.

Customer grants PropViva a limited, non-exclusive license to use Customer Materials as reasonably necessary to provide the purchased services.

PropViva is not responsible for determining ownership or licensing rights associated with materials supplied or authorized by the Customer.

3. Listing Information and Accuracy

Customer is responsible for providing accurate property and listing information, including but not limited to property address, price, features, square footage, bedroom and bathroom counts, open-house information, agent information and brokerage information.

PropViva may rely upon information supplied by the Customer or contained in a listing identified by the Customer.

Although PropViva will make reasonable efforts to accurately reproduce supplied information, Customer is responsible for reviewing all completed materials for accuracy before publishing, distributing or otherwise using them.

Customer should immediately notify PropViva of any material error discovered in delivered content.

4. Customer Approval

Customer should review all content produced by PropViva before publication.

By downloading, publishing, posting, distributing, uploading or otherwise using a completed deliverable, Customer is deemed to have approved the content for such use.

Customer remains responsible for ensuring that the final advertisement accurately represents the property and complies with applicable advertising requirements.

5. Virtual Staging and Image Enhancement

PropViva may provide virtual staging and other digital image-enhancement services.

Virtual staging is intended to help viewers visualize the potential use and appearance of a space. It should not be used to materially misrepresent the physical characteristics, dimensions, condition or permanent features of a property.

Where appropriate, virtually staged images should be clearly identified as “Virtually Staged,” “Virtual Staging,” or with similar disclosure.

Customer is responsible for determining whether an original, unaltered photograph must accompany a virtually staged image and for complying with the requirements of Customer's brokerage, MLS, advertising platform and applicable laws and regulations.

PropViva does not guarantee that any virtually staged or digitally modified image will be accepted by a particular MLS or third-party platform.

This is especially important because virtual-staging rules vary by MLS. Florida Realtors recommends clearly labeling virtually staged images, providing the original image, and avoiding changes that misrepresent dimensions or conceal property defects.

6. No Material Misrepresentation

PropViva's services are intended for property marketing, not for concealing material property conditions or creating deceptive representations.

PropViva reserves the right to refuse requests to materially misrepresent a property, including requests to conceal known damage or defects, materially alter room dimensions, falsely create permanent property features, or otherwise depict the property in a materially misleading manner.

7. MLS, Brokerage and Platform Requirements

Real estate advertising rules and MLS requirements may differ by location, brokerage, and platform.

Customer is responsible for determining whether completed content complies with the requirements of the applicable MLS, brokerage, association, social media platform, listing portal or other publication channel before using it.

PropViva does not represent or warrant that any particular deliverable is universally “MLS compliant.”

8. Branded and Unbranded Content

PropViva may provide both branded and unbranded versions of content when included in the purchased service.

Customer is responsible for determining where branded or unbranded content may be used and for complying with applicable MLS, brokerage and advertising rules.

9. Third-Party Services and Technology

PropViva may use third-party software, artificial intelligence tools, video-production platforms, image-processing systems, hosting services, music libraries and other technology in providing its services.

Because some production processes may involve automated or AI-assisted technology, occasional visual artifacts, inaccuracies or unintended modifications may occur.

PropViva will make reasonable efforts to review deliverables for material issues before delivery, but Customer's final review and approval remains required before publication.

10. Revisions

If Customer identifies a reasonable error or production issue, Customer should notify PropViva promptly.

PropViva may correct reasonable production errors at no additional charge. Significant changes requested after production, changes to Customer-supplied information, replacement photography, additional versions, or creative changes outside the original order may result in additional charges.

11. Turnaround Times

Any turnaround time stated by PropViva, including approximately 24-hour service, is an estimate and not a guarantee unless expressly agreed otherwise in writing.

Turnaround may be affected by order volume, technical issues, incomplete information, Customer-requested revisions, third-party services, or other circumstances outside PropViva's reasonable control.

12. Payment and Refunds

Payment is due according to the pricing and terms displayed when the order is placed.

Because PropViva produces customized digital content for individual properties, payments generally become non-refundable once production has begun.

If PropViva is unable to substantially provide the purchased service, PropViva may, at its discretion and as appropriate, provide a replacement service, credit, or refund.

13. Customer Use of Completed Content

Upon full payment, Customer receives a non-exclusive license to use the final delivered content to market the applicable property, agent, brokerage, or related real estate business, subject to any applicable third-party licensing restrictions.

PropViva retains ownership of its underlying processes, templates, designs, production methods, systems and other proprietary materials.

14. Portfolio Use

Unless Customer requests otherwise in writing, Customer grants PropViva permission to display completed marketing materials in PropViva's portfolio, website, social media, advertising and sales presentations solely for the purpose of demonstrating PropViva's services.

For your launch, I'd consider making this an optional checkbox instead. Luxury agents or brokerages may have policies against vendors reusing listing content, and giving customers an easy opt-in is cleaner.

15. No Marketing or Sales Guarantee

PropViva provides marketing-content creation services.

PropViva does not guarantee that its services will increase property views, social media engagement, inquiries, leads, showings, offers, sales price, rental bookings, or the likelihood or speed of a property sale.

16. Indemnification

To the extent permitted by applicable law, Customer agrees to defend, indemnify and hold harmless PropViva Labs and its owners, employees, contractors and service providers from third-party claims, damages, liabilities, losses and reasonable costs arising from:

(a) Customer Materials supplied or authorized by Customer;

(b) Customer's lack of sufficient rights or permission to use submitted photographs, logos or other materials;

(c) inaccurate information supplied or approved by Customer;

(d) Customer's publication or use of completed content in violation of applicable law, MLS rules, brokerage requirements or third-party platform requirements; or

(e) Customer's material breach of these Terms.

This is one of the sections I would specifically have your attorney review, because indemnification provisions need to be drafted with applicable state law in mind.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROPVIVA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST COMMISSIONS, LOST BUSINESS OPPORTUNITIES OR LOSS OF DATA, ARISING FROM THE SERVICES OR CUSTOMER'S USE OF DELIVERED CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPVIVA'S TOTAL LIABILITY ARISING FROM A PARTICULAR ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO PROPVIVA FOR THAT ORDER.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

18. Intellectual Property Complaints

PropViva respects intellectual property rights.

If a copyright owner or authorized representative believes material supplied to or used by PropViva infringes their rights, they may contact PropViva with sufficient information to identify the disputed material and substantiate the claimed rights.

PropViva may suspend use or delivery of disputed material while the issue is reviewed.

19. Refusal or Termination of Service

PropViva may decline, suspend or terminate an order when reasonably necessary, including when requested content appears unlawful, deceptive, infringing, abusive, technically infeasible, or inconsistent with these Terms.

Where appropriate, PropViva will address any payment for unperformed services consistent with Section 12.

20. Governing Law

These Terms will be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

[Attorney to insert appropriate county, venue and dispute-resolution provisions based upon the legal location of your business.]

21. Changes to These Terms

PropViva may update these Terms from time to time. The version in effect when an order is placed will generally govern that order unless otherwise required by law.

22. Contact

Questions regarding these Terms may be directed to:

PropViva Labs

Email: 

Address: 3715 162nd Ave E, Parrish Fl, 34219