Terms of Service

• Full legal name: RealTours (Pty) Ltd.
• Registration number: 2025/623903/07.
• Physical address: Johannesburg, Gauteng.
• General contact: support@realtoursai.com.
• Legal contact: legal@realtoursai.com.
• Description of service: RealTours produces AI-generated cinematic video tours and AI-staged property images for licensed estate agents in South Africa. We accept property photographs and listing data from you, process them through third-party generative AI services, and deliver finished video and image files for use in your listings.

You accept these Terms by (a) ticking the acceptance checkbox in the order form and clicking submit, or (b) creating an account, whichever happens first. Acceptance is binding and electronic acceptance is recognised under the Electronic Communications and Transactions Act 25 of 2002 § 11. You must be at least 18 years old and have the authority to enter into a contract. If you accept on behalf of an estate agency, you confirm you have authority to bind the agency.

3.1 What you get

RealTours offers three video-tour tiers and an image-staging service. Current tiers:

Each order delivers (a) a 16:9 landscape master video, (b) a 9:16 portrait variant (best-effort), and (c) any AI-staged still images you ordered. Current pricing is always shown on the order form before you confirm. We may change pricing for new orders at any time; you only ever pay the price displayed when you confirm.

3.2 What we do not promise

The Service is a creative AI tool. We do not promise:

• That a generated video or image will match a specific aesthetic you had in mind.
• That the narration will use exact phrasing you imagined.
• A guaranteed completion time: generation depends on third-party AI providers whose load varies. Typical completion is within a few hours; we will email you when your deliverables are ready.
• 100% uptime (see section 9).
• Any commercial outcome. We do not guarantee a sale, an enquiry, a lead, a particular level of viewer engagement, or any portal-ranking or marketing result from a deliverable.

When you upload photographs, listing data, or other content to RealTours, you confirm that:

• You own that content or have permission from the rights-holder to upload it and to have us process it.
• Uploading does not breach any agreement with a third party (e.g. an exclusive photography contract or another estate agent's listing rights).
• The content does not depict identifiable people without their consent.
• The content does not infringe any copyright, trade mark, privacy right, or other legal protection.

You grant RealTours a limited, non-exclusive, royalty-free licence to host, copy, transform, and process your content solely for the purpose of delivering the Service to you. This licence ends when we delete the content under our retention schedule (see Privacy Policy section 7) or when you delete the order, whichever is sooner.

We do not use your content to train AI models, ours or any third party's.

The videos and staged images RealTours delivers to you (Generated Content) are yours. We assign to you all intellectual property rights in the Generated Content on delivery, subject to the licence described in section 5.2.

5.1 What you can do with Generated Content

You may use Generated Content for any lawful purpose, including:

• Marketing the property the Generated Content depicts.
• Embedding the Generated Content in your own listings, website, social media, advertising, and printed materials.
• Sharing the Generated Content with the property owner, your colleagues, and other marketing channels.
• Editing, cropping, re-titling, or otherwise modifying the Generated Content.

There are no per-use, per-view, per-impression, or per-platform fees beyond the one-time tier fee you paid.

5.2 RealTours portfolio licence

You grant RealTours a non-exclusive, revocable, royalty-free, perpetual licence to feature the Generated Content in our own marketing portfolio (for example, on www.realtoursai.com, in pitch decks, in social-media examples, and in case studies), provided that the property address and any other identifying information about the property or its owner are anonymised. This licence is for marketing the RealTours platform. It does not grant us the right to sell the Generated Content or to provide it to any other estate agent.

You may revoke this licence at any time by emailing legal@realtoursai.com with the order ID; we will remove the Generated Content from our portfolio within 30 days.

Generated Content is produced by artificial intelligence. AI generation is probabilistic and may contain inaccuracies, unintended representations, missing or extra features, mis-rendered text, or aesthetic choices that differ from your brief. Examples include (without limitation): misrepresented room dimensions, altered colours, added or removed furniture, distorted architectural details, and narration that paraphrases rather than quotes verbatim.

You are solely responsible for reviewing every deliverable before publishing it, sharing it with clients, or representing it as a depiction of an actual property. If a deliverable misrepresents the property in a way that could mislead a buyer, do not use it. Request a regeneration or remove it from circulation.

RealTours is not liable for any loss, claim, or regulatory consequence arising from your publication or distribution of Generated Content that misrepresents a property. This is reinforced by the limitation of liability in section 10.

You may not use the Service to:

• Upload illegal, defamatory, hateful, harassing, fraudulent, or sexually explicit content.
• Upload content depicting identifiable people without their consent, or any content that infringes a third party's copyright, trade mark, privacy, or other legal protection.
• Reverse-engineer, decompile, scrape, or attempt to extract the underlying models, prompts, or pipeline of the Service.
• Resell the Service or grant access to the Service to anyone other than authorised users in your own estate agency.
• Submit orders at a rate or volume designed to exhaust promotional credit, abuse free tiers, or interfere with the Service for other users. We enforce a rate limit of 50 orders per hour per authenticated user.
• Use the Service in any way that violates South African law or the law of the jurisdiction in which you operate.

We may suspend or terminate your account for breach of this section, see section 12.

8.1 Pricing and payment

All prices are in South African Rand (ZAR). Payment is taken at the time of order via Paystack. We do not handle, see, or store your full card details. Paystack is the payment processor, and Paystack's own terms govern the card transaction. An invoice is emailed to you for every paid order.

8.2 The RealTours Performance Pledge, our official refund policy

The Performance Pledge is the binding refund mechanism for every paid order. It is offered in addition to, and never in substitution of, your statutory rights under the Consumer Protection Act 68 of 2008 ("CPA") and the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act"). The Pledge has three commitments:

8.3 What the Performance Pledge does not cover

• Dissatisfaction raised after the 7-day revision window or after the 24-hour resolution-refund window has lapsed.
• Material you supplied that breaches section 4 (no rights to upload, watermarked, resolution below our published minimums, or content depicting identifiable persons without consent).
• Orders where you have already downloaded, published, listed on a portal, or commercially exploited the delivered files. This is treated as acceptance of the deliverable under CPA § 55(2) read with § 20(2)(c).
• Service interruptions caused by force majeure or third-party AI provider outages, which are handled under section 9.

8.4 Full refund: material service failure

Independent of the Pledge, you may claim a 100% refund within 14 days of the order where there is a material service failure, for example:

• No deliverable was produced at all (the order failed end-to-end and we are unable to recover it).
• The deliverable is corrupted or technically unplayable.
• We materially breached an obligation under these Terms.

This sub-section gives effect to your rights under CPA § 55 (right to safe, good-quality goods and services), § 54 (right to demand quality service), and the implied six-month warranty in § 56. To claim, email support@realtoursai.com within 14 days of the affected order with the order ID and a description of the failure. We will acknowledge within 2 business days and resolve within 7 business days.

8.5 Your statutory rights are preserved

Nothing in section 8 limits, excludes, or modifies any right or remedy you may have under the CPA, the ECT Act, the National Credit Act 34 of 2005, or any other applicable South African law. Where the Performance Pledge offers a remedy more generous than the statute, the Pledge applies; where the statute offers a remedy more generous than the Pledge, the statute applies.

8.6 Exclusion from the ECT Act 7-day cooling-off period

8.7 How to claim under the Pledge or section 8.4

1. Email support@realtoursai.com from the address on your RealTours account, citing the order ID, the specific scenes or images you want addressed, and your written feedback.
2. We acknowledge every claim within 2 business days and aim to resolve within 5 business days (revisions) or 7 business days (refunds).
3. Refunds are paid to the original Paystack payment method. Bank-side clearing may add 1-3 working days.
4. If you are not satisfied with the outcome, you may escalate to the Consumer Goods and Services Ombud (www.cgso.org.za) or lodge a complaint with the National Consumer Commission (www.thencc.gov.za) under CPA § 70-71. Nothing prevents you from approaching a court of competent jurisdiction in terms of section 14 of these Terms.

We provide the Service on a best-effort basis. We do not promise an uptime service-level. We may need to take the Service offline for maintenance, where the maintenance is planned we will notify you by email in advance; for emergency maintenance we will restore service as soon as possible.

If the Service is unavailable when you try to submit an order, no order is created and no payment is taken. If the Service becomes unavailable after you submit an order but before delivery, the order will resume automatically when the Service comes back; if the Service is unavailable for more than 7 days, you may request a full refund of the affected order under section 8.4.

Support hours. Our support team is available Monday to Friday, 08:00 to 17:00 SAST, excluding South African public holidays. You may email support@realtoursai.com at any time; messages received outside these hours are addressed on the next business day.

Response targets (indicative, not a guaranteed service level). We aim to acknowledge every request within one business day and to act on it according to its impact: typically within 4 business hours where the Service is down or an order has failed end-to-end, within 1 business day for a high-impact issue, and within 2 to 5 business days for general questions. These are targets we work towards, not a binding uptime or response-time guarantee; the Service remains provided on the best-effort basis described above, and refunds for material service failure are governed by section 8.4.

The limitation in this section applies to RealTours, its directors, employees, contractors, and operators. For the avoidance of doubt, this cap does not reduce any refund owed to you under section 8.2 (Performance Pledge) or section 8.4 (material service failure), those refunds are paid in full in line with their stated terms.

You indemnify RealTours, its directors, employees, contractors, and operators against any claim, loss, damage, cost, or expense (including reasonable legal fees) arising out of:

• Content you uploaded that you did not have the right to upload (copyright, privacy, trade mark, or other rights-holder claims).
• Your use or publication of Generated Content in a way that misrepresents a property to a buyer.
• Your breach of section 7 (Acceptable use).
• Your breach of any law or regulation in connection with your use of the Service.

12.1 You may close your account

You may close your account at any time by emailing support@realtoursai.com. We will delete your personal information per our Privacy Policy section 7.

12.2 We may suspend or terminate

We may suspend or terminate your account if you breach these Terms. For non-payment, a breach of section 7 (Acceptable use), or any other material breach, we will give you 7 days' written notice and a chance to remedy the breach where reasonable. For fraud, abuse, or any breach involving risk to other users or to the platform, we may suspend or terminate immediately and without notice.

12.3 Survival

Sections 5, 6, 8, 10, 11, 12.3, 13, and 14 survive termination of these Terms.

If we make material changes to these Terms we will notify you by email and post a notice on the platform at least 14 days before the changes take effect. Continued use of the Service after that date constitutes acceptance of the changed Terms. If you do not accept a change, you may close your account under section 12.1 before the change takes effect.

These Terms are governed by the laws of the Republic of South Africa. You and RealTours both consent to the non-exclusive jurisdiction of the High Court of South Africa, the Gauteng Division of the High Court of South Africa.

Before either party starts court proceedings, the parties will attempt in good faith to resolve the dispute through informal discussion for at least 30 days from the date written notice of the dispute is delivered to the other party. This section does not prevent either party from seeking urgent interim relief.

• Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between you and RealTours about the Service.
• Severability. If any provision of these Terms is held unenforceable, the rest remains in force.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations to a successor in connection with a sale of our business.
• Force majeure. Neither party is liable for failure to perform caused by events outside its reasonable control (including third-party AI service outages, internet outages, natural disasters, or government action).

• General: support@realtoursai.com.
• Legal: legal@realtoursai.com.
• Postal: RealTours (Pty) Ltd, Johannesburg, Gauteng.