Effective Date: February 9, 2026 | Last Updated: April 11, 2026
1. Introduction and Agreement
1.1 Acceptance of Terms
Welcome to Omidia ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Omidia, governing your access to and use of our transform platform, website, and related services (collectively, the "Services").
BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use our Services.
1.2 Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email to registered users or through a prominent notice on our platform. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.
1.3 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any disputes shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.
2. Service Description
Omidia provides AI-powered transform and real estate media services, including:
- AI-generated transform of property photographs
- Professional real estate photography and media capture
- Video services including Walkthrough Video, Drone Video, Signature Reel, and the Agent On-Camera add-on
- Digital enhancement and modification of real estate images
- Furniture and decor visualization services
- 2D Floor Plans, Matterport 3D Virtual Tours, and Drone Photography
- Social Media Content Pack and related branded content services
- Cloud asset management for reusing previously delivered media within the dashboard
- Related creative and visualization tools
Signature Reel Creative Direction: For Signature Reel orders, all creative direction including but not limited to shooting approach, camera techniques, music selection, editing style, and narrative structure is determined entirely at Omidia's discretion. Clients do not direct the creative process. The final delivery is a single finished vertical video (9:16) reflecting Omidia's creative interpretation of the property.
3. Photography Service Terms
3.1 Property Readiness
The Client is responsible for ensuring the property is clean, decluttered, and ready for photography prior to the photographer's arrival. Photographers are not responsible for cleaning, moving furniture, or staging the property on-site. If the property is not ready, the photographer may shoot "as-is" or a cancellation fee may apply if the shoot cannot proceed.
3.2 Cancellation and Rescheduling
To ensure fair scheduling for all clients, the following cancellation and rescheduling policy applies to all photography and media appointments:
- Advance Notice (>24 hours): $0 (No Penalty). We appreciate early notice to allow us to re-route or backfill the appointment.
- Late Notice (<24 hours): $50 Flat Fee.
- On-Site / Not Ready: $75 + 50% of invoice. Applied if the photographer arrives and the property is not ready or accessible, to recoup hard costs and travel.
- Wait Time (Delays): $50 per 30 minutes of waiting if forced to wait for cleaners, stagers, moving trucks, or access.
- Weather/Safety: $0 (Free Reschedule). Reschedules are accommodated without penalty if weather conditions (heavy rain/high winds) prevent safe operation of equipment like drones.
3.3 Copyright and Portfolio Usage
Omidia retains all copyrights and ownership of all media created, including photographs, video, and transform. Upon full payment, the Client is granted a revocable, non-exclusive, non-transferable license to use the media solely for marketing the specific property listing. This license covers standard marketing channels (MLS, social media, print) and is valid until the property is sold, the listing agreement ends, or the license is revoked due to a breach of these Terms. Media may not be resold or transferred to third parties (e.g., other agents, stagers, builders) without Omidia's written permission.
Portfolio Rights: Omidia explicitly reserves the irrevocable right to use any photos, video footage, and transform produced for the Client in our own portfolio, website, social media, and marketing materials to demonstrate our services and capabilities.
3.4 Weather-Informed Scheduling
Omidia provides real-time weather guidance within our scheduling platform to help Clients select optimal shoot dates. This guidance is advisory only and does not constitute a guarantee of weather conditions.
If the Client chooses to proceed with a scheduled shoot during weather conditions that may adversely affect exterior photo or video quality (including but not limited to rain, fog, heavy overcast, or snow), the Client acknowledges and agrees that:
- (a) The decision to proceed is the Client's sole responsibility;
- (b) Omidia is not liable for any reduction in exterior image quality attributable to weather conditions;
- (c) Any return visit required to reshoot exterior images due to weather-related quality concerns will be subject to a return visit fee of 50% of the original photography session cost.
Omidia reserves the right to cancel or refuse to commence a shoot if conditions pose a safety risk to personnel or equipment, in which case the appointment will be rescheduled at no cost to the Client per Section 3.2.
4. Delivery Timelines & Liability
4.1 Standard Delivery Windows
- Photography & Floor Plans: Next business day by 5:00 PM.
- Cinematic Video & Drone Services: 48 to 72 hours (2 to 3 business days) resulting from the intensive post-production required.
- Transform: 24 to 48 hours.
All turnaround times are calculated from the conclusion of the on-site shoot and are measured in business days (Monday-Friday, excluding statutory holidays in British Columbia).
4.2 Expedited/Rush Delivery
Expedited services (e.g., 24-hour video turnaround) may be available upon request for an additional "Rush Fee." Availability of rush services is not guaranteed and must be confirmed in writing by Omidia prior to the shoot.
4.3 Limitation of Liability for MLS and Listings
Omidia is not liable for any lost marketing days, delayed listings, or fines imposed by real estate boards (including but not limited to the Real Estate Board of Greater Vancouver or Fraser Valley Real Estate Board) resulting from standard production timelines, unforeseen editing delays, or weather-related cancellations (e.g., drone grounding due to wind/rain).
4.4 Regulatory Compliance
The Client (Real Estate Agent or Homeowner) holds final responsibility for ensuring that all delivered media complies with the advertising guidelines set forth by the British Columbia Financial Services Authority (BCFSA), the British Columbia Real Estate Association (BCREA), and local MLS rules prior to public posting. Omidia assumes no liability for compliance violations or misrepresentations resulting from the Client's use of the provided media.
5. AI-Generated Content Disclaimer
⚠️ IMPORTANT NOTICE
All transform and visual content produced through our Services is generated by Artificial Intelligence (AI) technology.
4.1 Nature of AI-Generated Content
The AI-generated content:
- Is created by automated systems using machine learning algorithms and may not perfectly represent reality
- May contain errors, inaccuracies, or unexpected elements due to the inherent limitations of AI technology
- Is intended for visualization and marketing purposes only and should not be relied upon as an accurate representation of any actual property
- Does not guarantee specific outcomes and results may vary based on input image quality
4.2 Disclosure Obligation
If you use AI-generated content from our Services in any marketing materials or property listings, YOU MUST CLEARLY DISCLOSE that the images have been virtually staged. Examples:
- "This image has been virtually staged using AI technology"
- "Furniture and decor shown are digital renderings and are not included with the property"
- "AI-generated visualization for illustrative purposes only"
6. User Eligibility and Accounts
To use our Services, you must be at least eighteen (18) years of age, have the legal capacity to enter into binding contracts, and provide accurate registration information. You are responsible for maintaining the confidentiality of your account credentials and all activities under your account.
7. User Responsibilities and Acceptable Use
You agree not to:
- Upload content you do not own or have rights to use
- Submit illegal, harmful, or objectionable content
- Use AI-generated content to deceive or mislead any person
- Misrepresent AI-generated content as authentic photographs
- Interfere with or disrupt our Services
- Reverse engineer our software or algorithms
8. Payment Terms
All prices are in Canadian Dollars (CAD) and may be subject to applicable taxes. Payments are processed through secure third-party processors. For photography services, full payment is required before the release of high-resolution images. Due to the digital, automated nature of our transform Services, all sales are generally final once processing has begun. Refund requests must be submitted within seven (7) days of service delivery.
8A. Referral Program
8A.1 Program Overview
Omidia operates a referral program that rewards registered users ("Referrers") for introducing new clients ("Referred Agents") to the platform. Participation in the program is subject to the terms set out in this section, which form part of these Terms and Conditions.
8A.2 Referral Discount — New Agent
A Referred Agent who visits Omidia via a valid referral link and completes their first paid booking will receive a $25 CAD discount applied automatically at checkout. This discount:
- Applies to the first completed booking only.
- Is tracked via a referral cookie ("omidia_ref") set in the Referred Agent's browser, valid for 30 days from the date of first visit via the referral link.
- Is non-transferable and has no cash value.
- Cannot be applied to orders already in progress or previously paid.
8A.3 Referral Credit — Referrer
Upon a Referred Agent completing their first paid booking using the Referrer's link, the Referrer will receive a $25 CAD account credit. This credit:
- Is automatically applied to the Referrer's next eligible booking at checkout — no code entry required.
- Expires 6 months from the date it is earned. Expired credits have no cash value and cannot be reinstated.
- Is non-transferable and may not be redeemed for cash.
- Credits do not accumulate beyond one application per booking.
8A.4 Conflict Resolution — Discounts and Credits
When both a promotional coupon and a referral discount or credit are eligible for the same order, only the higher-value discount applies. Referral discounts and promotional coupons cannot be stacked or combined.
8A.5 Eligibility and Restrictions
- Self-referrals are not permitted. You may not refer yourself using a secondary account or a different email address to claim a discount.
- Referral codes are assigned automatically after a user completes their first paid booking. Codes follow the format: first name (uppercase) followed by four digits (e.g., "SARAH3847").
- Omidia reserves the right to withhold, cancel, or reverse referral credits if fraudulent activity, abuse of the program, or violation of these Terms is suspected.
- Omidia may modify, suspend, or discontinue the referral program at any time with reasonable notice. Credits already earned at the time of discontinuation will remain valid until their stated expiry date.
8A.6 Referral Dashboard
Registered users can view their referral code, track referral activity, and monitor credit balances at any time through the Refer & Earn section of their Omidia dashboard.
9. Intellectual Property Rights
All rights to our platform, software, algorithms, and AI models remain with Omidia. You retain ownership of your original uploaded images. Subject to payment and compliance with these Terms, you are granted a license to use AI-generated content and professional photography for legitimate commercial and personal purposes as outlined in Section 3.3.
10. Privacy and Data Protection
Our collection, use, and disclosure of personal information is governed by our Privacy Policy. We are committed to compliance with the Personal Information Protection Act (PIPA) of British Columbia and PIPEDA (federal).
11. Disclaimers and Limitation of Liability
11.1 "As Is" Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMIDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
Our aggregate liability shall not exceed the greater of the amounts you paid in the twelve (12) months preceding the claim or CAD $100.00.
12. Indemnification
You agree to indemnify and hold harmless Omidia from any claims, damages, or expenses arising from your use of the Services, violation of these Terms, or your use of AI-generated content.
13. Dispute Resolution
Before initiating formal proceedings, please contact us at [email protected] to attempt informal resolution. Disputes may be resolved through binding arbitration in Vancouver, British Columbia. You agree that disputes will be conducted on an individual basis and not as a class action.
14. Termination
You may terminate your account by contacting us at [email protected]. We may suspend or terminate access if you breach these Terms. Upon termination, your right to use the Services ceases immediately.
15. BC Consumer Protection Compliance
In accordance with British Columbia's Business Practices and Consumer Protection Act (BPCPA), we commit to fair and transparent business practices and will honor all statutory consumer protections under BC law.