These Terms of Service (“Terms”) are a legally binding agreement between BrokersBreak LLC d/b/a Panhandle AI Solutions (“Company,” “we,” “us,” “our”) and you (“Client,” “you”).

By accessing, ordering, uploading media, submitting a form, or using our Services, you agree to these Terms, our Privacy Policy, and (if applicable) our Service Level Agreement (“SLA”).

3.1 Geographic Restriction; Eligibility; Definitions

Geographic Restriction

The Services are intended for use only by real estate professionals and property managers located within the United States, and for properties located within the United States. You represent that you and your property orders meet this restriction.

Definitions

“Submitted Content” means any photos, still images, text, property details, or other content you upload or provide.

“Deliverables” means the finished outputs we deliver (e.g., videos, thumbnails, formatted versions).

“Complete Order” means: (a) payment is confirmed, and (b) Submitted Content has been received and verified as compliant with Section 3.3.

3.2 Services; Order Acceptance; Start of Work

We provide AI-assisted listing video creation and related deliverables based on Submitted Content. Optional add-ons may include narration, thumbnails, formatting variants, and branded/unbranded versions.

We may accept or reject orders at our discretion, including if Submitted Content does not meet submission standards or appears unlawful, infringing, or misleading.

Work does not begin until a Complete Order exists.

3.3 Submission Standards; Content Warranty

Submission Standards

Submitted Content must be:

Watermark-free and free of visible third-party branding (photographer/brokerage marks) unless you have written permission to use that branding

High-resolution and suitable for professional marketing output

Free of identifiable individuals where possible (or you must have rights/permissions/releases as needed)

Accurate, current, and representative of the specific property listing

We may pause, reject, or cancel an order if Submitted Content is non-compliant, low-quality, misleading, or likely to create a rights dispute. The SLA clock (if applicable) does not begin until compliant content is provided.

Your Warranty of Rights (Derivative Works)

Because our Service creates a derivative work, you represent and warrant that:

You own the Submitted Content or have a valid written license from the copyright holder that explicitly authorizes:

commercial marketing use, and

creation of derivative works (including video and AI-enhanced outputs), and

authorization for a third-party service provider (us) to process the content for those purposes.

Your Submitted Content and your use of Deliverables will not infringe any third-party rights (copyright, trademark, privacy, publicity) or violate any contract or MLS/brokerage rule.

Any property facts you provide are accurate to the best of your knowledge.

3.4 License You Grant to Us (Limited Use of Submitted Content)

You retain ownership of your Submitted Content. You grant us a limited, non-exclusive, royalty-free license to use, reproduce, modify, and create derivative works from Submitted Content only as necessary to:

fulfill your order,

deliver deliverables, and

provide support, revisions, re-delivery, and quality control.

Portfolio use is addressed separately in Section 3.8 and is subject to your opt-out rights.

3.5 Indemnification

You agree to defend, indemnify, and hold harmless the Company, its owners, contractors, and employees from any claims, demands, damages, losses, liabilities, costs, and attorney’s fees arising out of or related to:

your Submitted Content,

your failure to obtain rights/licenses/releases,

your representations and warranties under these Terms, or

your distribution or use of Deliverables.

3.6 Technical Processing; No Material Misrepresentation

You acknowledge that video production may involve technical processing (e.g., cropping, resizing, stabilization, timing alignment, color balancing, compression, and formatting).

We do not intentionally alter permanent property features (e.g., walls, ceilings, fixtures, structural elements) unless you explicitly request an alteration in writing and it is legally permissible for your marketing use.

You are responsible for ensuring your marketing remains truthful and not misleading.

3.7 Company Technology; Restrictions (Trade Secret Protection)

We retain all rights in our production processes, templates, editing methods, workflows, and systems (“Company Technology”), which may include proprietary trade secrets.

You may not (and may not allow others to):

reverse-engineer, decompile, or attempt to discover Company Technology

use Deliverables or service outputs to train or improve competing AI systems

scrape, crawl, or use automated tools to extract data or outputs from our website or services

resell or sublicense Deliverables as a standalone product or as part of a competing service

3.8 Deliverables License to You

Subject to your compliance with these Terms, we grant you a non-exclusive, perpetual, non-transferable license to use the Deliverables solely to market the specific property listing associated with your order, including on MLS (if permitted), websites, and social media.

You may not:

use Deliverables to market a different property

sell, sublicense, or transfer Deliverables as a product to third parties (other than for the listing marketing purpose)

3.9 Portfolio/Promotion Use by Company (Opt-Out)

Unless you opt out, you grant us a royalty-free license to display portions of your Deliverables (e.g., short clips, excerpts, thumbnails) for our marketing and portfolio purposes (website, social media, demos).

Opt-Out Options

At checkout: you may opt out via the portfolio opt-out option (if presented).

Anytime after: email [email protected] with the subject “Portfolio Opt-Out.”

If you opt out after publication, we will remove the content from channels we control within 10 business days. We cannot guarantee removal from third-party reposts beyond our control.

3.10 Revisions; Corrections

Each order includes one (1) consolidated revision round if requested within 72 hours after delivery, delivered as one consolidated message or list.

Additional revisions or scope changes may be billed.

3.11 Refund Policy (Objective; Correction-First)

Refunds are issued only if:

there is a verifiable technical failure in the Deliverables, and

we are unable to correct it within two (2) business days after receiving written notice.

No refunds for:

subjective creative preference disagreements (style, pacing, music selection unless specified)

incorrect or incomplete information you provided

low-quality or non-compliant Submitted Content (“garbage in, garbage out”)

delays caused by client-side issues or third-party outages

3.12 Payments; Chargebacks; Right to Cure

Payments are processed through third-party processors. You agree not to initiate a chargeback without first contacting us and allowing a reasonable opportunity to resolve the issue (“Right to Cure”).

If you initiate a chargeback after delivery without providing us a reasonable chance to cure, we may:

suspend further service,

refuse future orders, and

provide supporting documentation to the processor (order logs, delivery proof, communications).

Nothing in this section limits any non-waivable rights you may have under applicable law.

3.13 Taxes

All fees are exclusive of taxes. We may be required to collect sales tax in certain jurisdictions in the future. You are responsible for any taxes you owe under your local rules. If law changes or thresholds are met, we reserve the right to collect and remit taxes as required.

3.14 MLS / Association Compliance; Disclosures

We design deliverables to be generally suitable for real estate marketing. However, MLS and association rules vary and may change.

You are solely responsible for ensuring your use and distribution of Deliverables complies with:

your MLS rules

brokerage policies

applicable advertising laws and required disclosures (including disclosures regarding AI-enhanced media where required)

3.15 Professional Conduct (CRFA-Safe)

We maintain a professional work environment. We may refuse or terminate service for harassment, abuse, credible threats, fraud, or unlawful conduct directed at the Company or its team.

If we believe there is a credible safety threat, fraud, or unlawful conduct, we may report it to appropriate parties (including law enforcement or your brokerage) only as reasonably necessary for safety, fraud prevention, or legal compliance.

Nothing in this section restricts your right to leave honest reviews or feedback and is intended to comply with the Consumer Review Fairness Act.

3.16 Dispute Resolution; Arbitration; Class Action Waiver

Informal Resolution First

Before arbitration, you agree to contact us in writing and allow a reasonable opportunity to resolve the dispute.

Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules.

Venue: Bay County, Florida
Governing Law: Florida law

Class Action Waiver

You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative proceeding.

Small Claims

Either party may bring eligible claims in small claims court.

3.17 Limitation of Liability

To the maximum extent permitted by law:

Our total liability is limited to the amount you paid for the specific service giving rise to the claim.

We are not liable for consequential, incidental, or special damages, including lost profits, lost commissions, lost deals, or marketing outcomes.

3.18 Changes to Terms

We may update these Terms from time to time. Continued use after changes constitutes acceptance.

3.19 Governing law; Venue

These Terms and any dispute arising out of or relating to the Services are governed by the laws of the State of Florida, without regard to conflict-of-law principles. The parties agree that (a) any arbitration will take place in Bay County, Florida, and (b) to the extent any claim is permitted to proceed in court (including small claims or injunctive relief), exclusive venue and jurisdiction will be in the state or federal courts located in or serving Bay County, Florida. BrokersBreak LLC d/b/a Panhandle AI Solutions is based in Bay County, Florida.

3.20 Contact

Email: [email protected]

SERVICE LEVEL AGREEMENT (SLA)

This Service Level Agreement (“SLA”) is an addendum to the Terms of Service and applies to paid orders in good standing.

4.1 Turnaround Commitments

Standard Delivery: First draft delivered within 24 business hours after a Complete Order.

Extended Delivery: Orders with add-ons (e.g., narration) or unusually large submissions may require up to 48 business hours after a Complete Order.

Support Response: First response to inquiries within 1 business day.

Business hours: Monday–Friday, excluding U.S. federal holidays.

4.2 Service Credits (Sole and Exclusive Remedy)

If we miss the above timelines for reasons not excluded below, your sole and exclusive remedy is a Service Credit:

Turnaround Failure: 25% credit toward your next order

Support Delay: 10% credit toward your next order

Credits:

are non-cash and non-transferable

cannot be applied retroactively to the delayed order

expire 180 days after issuance

To request a credit, you must email support within 7 days of the incident.

4.3 SLA Exclusions

This SLA does not apply to delays caused by:

client delays in submitting compliant content

non-compliant or low-quality Submitted Content

inaccurate/incomplete listing details

third-party outages (payment processors, cloud providers, AI processing tools, your email provider)

force majeure events (natural disasters, major power/internet disruption)

DMCA notices, rights disputes, or legal claims involving Submitted Content