Terms of Service

1. Introduction and Agreement

1.1 Acceptance of Terms

Welcome to Omidia ("Omidia," "we," "our," or "us"). Omidia is a business name used by Omid Shariat, a sole proprietor based in North Vancouver, British Columbia. These Terms of Service ("Terms") are a legally binding agreement between you ("Client," "Customer," or "you") and Omidia, governing your access to and use of our media platform, website, free tools, 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 may update these Terms. The current version is always at theomidia.com/terms, with the version number and last-updated date shown at the top of this page. If we make a change that materially affects your rights, we will show a notice in your dashboard for 30 days. Continuing to use the Services after a change means you accept the updated Terms. Changes are not retroactive — an order you have already placed and paid for stays governed by the version in effect when you placed it.

1.3 Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. Any dispute is subject to the exclusive jurisdiction of the courts of British Columbia, Canada. See Section 13 for how we would rather resolve things first.

2. Service Description

Omidia provides AI-powered photo editing and real estate media services, including:

• Professional real estate photography and media capture
• AI-generated virtual staging and editing of property photographs
• Video services including Walkthrough Video, Drone Video, Social Media 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, Drone Photography, and Aerial Annotations
• Feature Sheet Design (digital 4-page property feature sheet) with optional printed copies delivered to your brokerage office
• Marketing Kit — a set of finished listing graphics produced in your own branding, delivered with a written pack of captions and an advertising compliance checklist (see 3.8)
• Key Pick-Up and Drop-Off, where we take temporary custody of keys to the property (see 3.7)
• Storage of your delivered media in your dashboard, and reuse of previously delivered media in later orders (see 4.5)
• Team Access, which lets you share a listing's media with someone else (see 3.3 and 4.5)
• Free public tools at theomidia.com/tools (see Section 5A)

Ordering and pricing. Services are ordered individually. The price of each Service is the one displayed at checkout, and it varies with property size and with which other Services you book for the same visit. Most Services booked together on a single site visit are charged at a reduced rate, because they do not need a separate trip. The Agent On-Camera add-ons and Key Pick-Up/Drop-Off are priced the same either way. Aerial Annotations, Feature Sheet Design and the Marketing Kit are cheaper when they are ordered alongside the work they depend on — annotations when the drone photos are flown on the same order, a feature sheet when the order already includes an on-site Service, and a Marketing Kit when the order includes photography, since the Kit is produced from those photographs — and each carries a higher standalone price when ordered on its own or added to an order we have already delivered. The price shown at checkout is always the price. We may add, rename, change, or discontinue Services or pricing at any time; that never changes an order you have already placed and confirmed.

Travel and coverage area. Shoots within 15 km of North Vancouver carry no travel fee. Beyond that a travel fee applies — $25 plus $1.50 per additional kilometre — and it is shown before you pay. We do not currently serve properties more than 65 km out, and properties over 10,000 sq ft are quoted individually rather than priced online.

Coupons and promotions. A coupon code is honoured on the conditions set on that code — which may include an expiry date, single use, a minimum order, or first order only. Percentage discounts apply to Services, not to the travel fee. See Section 8A for how coupons interact with referral credit.

Social Media Reel Creative Direction: For Social Media Reel orders, all creative direction — including but not limited to shooting approach, camera techniques, music selection, editing style, pacing, and narrative structure — is determined entirely at Omidia's discretion. Clients do not direct the creative process. The final delivery is a single finished 9:16 vertical video reflecting Omidia's creative interpretation of the property, optimized for Instagram Reels and TikTok. If the Agent On-Camera add-on is selected, the client appears on camera in a host segment as part of that creative interpretation.

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

3.2a How a Booking Is Confirmed

Choosing a time slot holds it for 15 minutes while you check out. Your booking is confirmed when payment goes through — or, for orders with nothing to pay, accounts on deferred payment terms, and orders you have chosen to pay by Interac e-Transfer, when you tick the confirmation box. You will get a confirmation email; until you do, the slot is not yours. An e-Transfer booking is confirmed straight away: we hold the slot and do the shoot whether or not the transfer has reached us, and only the delivered files wait on it (see 8.2).

If we have to move your shoot. We are a small operation. If illness, equipment failure, or unsafe conditions mean we cannot make your appointment, we will tell you as soon as we know and offer the earliest alternative we have. If you would rather not reschedule, we refund the order in full. That is the whole of our responsibility for a missed appointment — see 4.3.

3.3 Copyright and Portfolio Usage

Omidia owns the copyright in all media we create, including photographs, video, floor plans, and AI-edited images. Once the order is paid — or, if your account is on deferred payment terms, once the media is delivered — you have a permanent, non-exclusive licence to use it to market the property, and to keep using it afterwards in your own portfolio, "just sold" posts, and marketing.

That licence includes passing the media to your brokerage, to your MLS or real estate board, and to anyone you share it with through Team Access, for the same purpose. What it does not include: reselling the media, licensing it to another photographer or media company, or supplying it to a builder, stager, developer, or third-party marketer as their own material. Ask us first and we will usually say yes. We may end this licence only if the order goes unpaid or a payment is reversed.

Team Access. You may use the sharing feature in your dashboard to give a colleague, your brokerage, or the property owner access to a listing's media. When you share, you confirm you have the right to do so, and the person you share with may use the media only for marketing that same listing, on the same terms as you — it is your job to tell them. Share links stay active until you revoke them from your dashboard; they do not expire on their own. Treat a share link like the files themselves. Anyone who has already downloaded a file keeps that copy — revoking a link does not take it back.

Portfolio Rights: Omidia reserves the right to use any photos, video footage, and AI-edited images produced for you in our own portfolio, website, social media, and marketing materials to demonstrate our services and capabilities. We show the neighbourhood or city, never the street address. If you would rather a particular property was not used, email us and we will take it down.

Testimonials. If you choose to share your review as a testimonial, publication is governed by our Testimonial & Likeness Release, which you agree to separately at the time. Sharing one is always optional and unpaid, and you can withdraw it at any time by emailing [email protected].

3.4 Weather-Informed Scheduling

3.5 Access, Property, and People

3.6 Drone Flights

Drone work is flown under Transport Canada's Remotely Piloted Aircraft System (RPAS) rules. Whether a flight can go ahead on the day depends on things outside our control — airspace authorisation, wind, rain, visibility, and how close the property is to an airport, heliport, or other controlled area. Much of the North Shore and the area around YVR is controlled airspace. If we cannot fly legally or safely, we will tell you, we will not charge for the drone portion of the order, and we will offer to come back another day. That is not a delivery failure and it does not affect the rest of the order. If you asked us to proceed knowing conditions were marginal, 3.4 applies.

3.7 Key Pick-Up and Drop-Off

If you book key pick-up and drop-off, you are asking us to take temporary custody of keys to the property, and you confirm you have the owner's or occupant's permission for that. We keep keys on us or locked in the vehicle, and return them the same day by the method you chose at booking. If you ask us to leave keys at the property — in a lockbox, with a concierge, or anywhere else — our responsibility ends once we have followed your instruction. If we lose a key, tell us straight away. We will pay the reasonable cost of cutting a replacement or, where a lock genuinely has to be changed, of re-keying the affected lock, up to $500. That is the whole of our responsibility for keys, and it applies instead of the limit in 11.2.

3.8 Marketing Kit

4. Delivery Timelines & Liability

4.1 Delivery

4.2 Rush Delivery

Rush Delivery is a paid option you choose at booking, at the price shown at checkout. For a shoot, rush is a flat fee (currently $99) and means photos and floor plans are delivered by 8:00 PM on the day of the shoot, including weekends. It does not shorten video, drone, or social reel turnaround, which follow 4.1 regardless. For Transform edits, rush is priced per image and varies by edit type; the shortened turnaround for what you ordered is shown before you pay. If we miss a rush window for a reason within our control, email us and we will refund the rush fee, and the standard turnaround in 4.1 then applies. We do not refund it for delays outside our control, including weather, access problems at the property, or images you supply late.

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.

4.5 Your Files, Storage, and Sharing

5A. Free Tools

We publish free tools at theomidia.com/tools, including the MLS Photo Optimizer and the BC Ad Compliance Checker. Using them is subject to these Terms even if you do not have an account with us. The tools are free and provided as is, with no warranty of any kind. We may change or withdraw them at any time. Section 11 applies to them.

What happens to what you submit. The MLS Photo Optimizer resizes your photos inside your own browser — the images are never sent to us. The Ad Compliance Checker is different: the instant grade is calculated in your browser, but if you ask for the deeper review, the "Fix my ad" rewrite, or you upload an image or PDF to be checked, that text or file is sent to our server and on to Google's Gemini API to produce the result. We do not store it. Do not submit anything confidential. See our Privacy Policy for more.

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

8.1 Prices and How You Pay

All prices are in Canadian dollars. The price shown at checkout is the amount charged — we do not add tax on top. Card payments are handled by Stripe; your card details are entered directly into Stripe's own fields and never reach our servers. Returning clients may also choose Interac e-Transfer at checkout, and we accept cheque and cash by arrangement. Payments that do not go through Stripe reach our own bank, and we record them against your order by hand once we see them arrive — so they are not instant, and there is no automatic confirmation.

8.2 When Payment Is Due

For photography and media paid by card, payment is taken when you book and the shoot is confirmed once it goes through. If you choose Interac e-Transfer, your booking is confirmed immediately and the amount is due right away: send it to the address shown at checkout, quoting your order number. Because a transfer has to be received and checked by a person, your files unlock when we confirm the money has arrived — not when you send it — which is usually the same day but can take longer over a weekend. You can switch to paying by card at any point from your order page. Delivered files stay locked until the order is paid — including for anyone you share a gallery with. Some accounts are set up by arrangement with us to book without paying first; if yours is one of them, the total is due when your media is delivered to your dashboard, and the licence in 3.3 takes effect on delivery rather than on payment. Everything else in these Terms applies to those accounts the same way.

8.3 Added Work, Overdue Amounts, and Reversed Payments

If we add work to an order you have already paid for, we send an invoice for the difference, due within three days. Amounts not paid within 14 days of the due date carry interest at 1.5% per month (19.56% per year), and we may lock downloads and decline new bookings until the account is settled. If you reverse a payment for work we delivered — a card chargeback, or an e-Transfer recalled, cancelled or returned by your bank — your licence under 3.3 ends until the amount is paid, and we may remove access to the files.

8.4 Refunds

You can cancel an order yourself any time before payment goes through. After that, email [email protected] and we will sort it out. If you are not happy with what we delivered, tell us within seven (7) days of delivery and we will reshoot, re-edit, or refund — which of those depends on what went wrong, and we will agree it with you. After seven days we treat the order as accepted. Because media is produced to order, we do not refund a change of mind once a shoot has taken place or editing has begun. If we reduce the scope of an order you have already paid for, we refund the difference by the same method you paid with — back to your card, or by Interac e-Transfer to the address the payment came from. A refund we have to send by hand may take a few business days longer than a card refund. Nothing here limits any right you have under British Columbia law.

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).

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

If something goes wrong, email [email protected] first and give us a fair chance to sort it out — most things are resolved in a day or two. If we cannot resolve it between us, either of us may bring the dispute in the courts of British Columbia, including the Civil Resolution Tribunal or Small Claims Court where the amount qualifies. Nothing in these Terms limits any right you have under the Business Practices and Consumer Protection Act.

14. Termination

You can close your account yourself from Settings, or by emailing [email protected]. Deleting your account removes your orders, your drafts, and the photos and delivered files stored with them, and it cannot be undone — download anything you still need first (see 4.5). We may suspend or terminate access if you breach these Terms. On termination, your right to use the Services ends immediately; the licence you already hold under 3.3 for media on paid orders is not affected.

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.

16. Contact Information