Terms of Service

1. Our Mission

360are provides photographers, businesses, organizations, and individuals with a platform for creating, hosting, managing, publishing, and sharing immersive virtual experiences.

Depending on your subscription, the Services may include:

• 360° panorama hosting;
• virtual tour creation;
• interactive hotspots;
• private and public tours;
• embedded tours;
• interactive floor plans;
• AI-powered tour assistants;
• Google Street View publishing;
• business branding;
• analytics;
• collaboration features;
• APIs and integrations; and
• additional features introduced in future releases.

Our Services continue to evolve. New functionality may be added, modified, or discontinued over time.

2. Eligibility

You may use the Services only if:

• you are at least 18 years old or have legal authority to enter into this agreement;
• you have the legal capacity to enter into binding contracts; and
• your use complies with all applicable laws and regulations.

If you are using the Services on behalf of a company, organization, government entity, or other legal entity, you represent that you have authority to bind that entity to these Terms.

3. Your Account

To access many features of the Services, you must create an account.

You agree to:

• provide accurate and complete registration information;
• keep your information up to date;
• maintain the confidentiality of your password;
• protect access to your account; and
• promptly notify us of any unauthorized access.

You are responsible for all activity that occurs under your account, whether authorized by you or not.

We are not responsible for losses resulting from unauthorized access caused by your failure to safeguard your credentials.

4. Your Content

One of the core principles of 360are is simple:

You own your content.

Your content includes, but is not limited to:

• 360° panoramas;
• photographs;
• virtual tours;
• floor plans;
• hotspot information;
• tour descriptions;
• logos;
• branding;
• AI knowledge documents;
• text;
• videos;
• audio;
• documents;
• metadata; and
• any other materials you upload or create using the Services.

Nothing in these Terms transfers ownership of your content to 360are.

We do not claim ownership of your tours simply because they are hosted on our platform.

5. Your Responsibilities

You are responsible for ensuring that:

• you own your uploaded content or have the legal right to upload it;
• publishing your content does not violate another person’s copyright, trademark, privacy, publicity, or other legal rights;
• you have permission to photograph or publish properties where required; and
• your content complies with applicable laws.

If you create tours on behalf of clients, you remain responsible for ensuring you have appropriate authorization to publish those tours.

6. Photographer Rights

Many of our customers are professional photographers.

Unless otherwise agreed between you and your client, uploading photographs or virtual tours to 360are does not transfer copyright ownership to your client or to 360are.

Copyright ownership remains with the lawful copyright owner.

If ownership of a project is disputed between customers, photographers, businesses, or property owners, 360are may temporarily restrict access while the parties resolve the dispute.

We are not responsible for determining ownership of intellectual property between private parties.

7. License You Grant to 360are

Although you retain ownership of your content, we need certain rights to operate the Services.

Accordingly, you grant 360are a worldwide, non-exclusive, royalty-free license to:

• host your content;
• store your content;
• back up your content;
• reproduce your content as necessary;
• optimize images for different devices;
• generate thumbnails and previews;
• transmit your content;
• display your tours;
• process your files;
• create cached copies; and
• perform technical modifications necessary to provide the Services.

This license exists solely for the purpose of operating, improving, securing, and providing the Services.

It does not give 360are ownership of your content.

Except where necessary to provide the Services or where required by law, we will not sell your uploaded media to third parties.

8. AI Features

Certain subscription plans include AI-powered capabilities.

These may include:

• AI tour assistants;
• visitor question answering;
• knowledge retrieval;
• automated summaries; and
• future AI-powered functionality.

AI-generated responses may occasionally be incomplete, inaccurate, outdated, or inappropriate.

AI responses are provided for informational purposes only and should not be relied upon as professional, legal, financial, engineering, medical, or real estate advice.

You remain solely responsible for reviewing AI-generated content before relying upon or publishing it.

9. Your Subscription

360are offers multiple subscription plans.

Available plans, features, pricing, storage limits, and usage allowances are described on our website.

Plans may include:

• Free;
• Plus;
• Business;
• Enterprise, if offered; and
• promotional or trial plans.

Features available under each plan may change over time.

10. Free Plan

Our Free plan is intended to allow users to explore the platform before upgrading.

Unless otherwise stated, Free accounts may include limitations on:

• publishing virtual tours;
• private tours;
• storage;
• branding;
• AI features;
• analytics;
• support; and
• future premium functionality.

We reserve the right to modify Free plan limitations as the platform evolves.

11. Paid Subscriptions

Paid subscriptions renew automatically unless cancelled before the renewal date.

By subscribing, you authorize us or our payment processor to charge your selected payment method for recurring subscription fees.

Subscription fees are billed in advance.

Unless required by law or expressly stated in an applicable refund policy, payments are non-refundable.

Failure to pay subscription fees may result in suspension or termination of premium features.

12. Changes to Plans

As our platform grows, we may:

• introduce new subscription tiers;
• discontinue existing plans;
• modify included features;
• increase storage allowances;
• add new premium functionality; or
• adjust pricing for future billing periods.

If pricing changes affect your subscription, we will provide reasonable advance notice where required by applicable law.

13. Cancellation

You may cancel your subscription at any time through your account settings.

Cancellation prevents future renewals but does not automatically generate refunds for the current billing period unless required by applicable law.

After cancellation:

• your account may revert to the Free plan;
• premium features may become unavailable;
• private tours or advanced features may no longer function; and
• published content may become subject to Free plan limitations.

We will generally provide a reasonable opportunity to export your content before permanent deletion where practical.

14. Our Payment Processor

Payments are processed by trusted third-party payment providers.

360are does not store your complete payment card information.

Your payment information is governed by the applicable payment processor’s privacy policy and terms.

15. Future Services

The Services may expand to include additional offerings such as:

• mobile applications;
• APIs;
• developer tools;
• enterprise services;
• collaboration workspaces;
• automation tools;
• AI enhancements;
• analytics products;
• marketplace integrations; and
• future technologies not yet available.

Unless otherwise stated, these Terms apply to those future Services as well.

16. Intellectual Property

The Services, including the 360are platform, website, software, applications, source code, databases, user interface, graphics, branding, trademarks, logos, documentation, AI systems, and all related technology are owned by 360are or its licensors and are protected by applicable intellectual property laws.

Except for the limited rights expressly granted in these Terms, no ownership rights are transferred to you.

You may not:

• copy the platform;
• modify the software;
• reverse engineer the Services except where prohibited by applicable law;
• create competing services using our proprietary technology;
• remove copyright or trademark notices; or
• sell or sublicense the Services without our written permission.

Nothing in these Terms prevents you from owning your own uploaded content.

17. Public Tours

360are allows you to publish tours publicly.

When you publish a tour publicly, you understand that:

• anyone with the public link may view the tour;
• search engines may index publicly accessible tours;
• visitors may share public links with others;
• public tours may appear within search results or directories if you choose to enable those features; and
• publicly embedded tours may be viewed on third-party websites.

Although you may later make a tour private or delete it, copies may temporarily remain in search engine indexes, browser caches, content delivery networks, or other third-party caching systems beyond our control.

We cannot guarantee immediate removal of those copies.

18. Private Tours

Private tours are intended to limit access to authorized viewers.

Depending on your subscription, private tours may be protected through methods such as:

• private URLs;
• password protection;
• authentication;
• account-based permissions; and
• additional security controls.

While we employ reasonable security measures, no internet-based service can guarantee absolute confidentiality.

You are responsible for choosing appropriate sharing methods and protecting private links or passwords that you distribute.

19. Tour Embedding

360are allows you to embed eligible tours into external websites.

Embedded tours remain hosted by 360are unless otherwise specified.

Embedding a tour does not transfer ownership of that tour to the website where it is displayed.

If you disable embedding or remove a tour, previously embedded versions may stop functioning after caches refresh.

You are responsible for ensuring that websites embedding your tours comply with applicable laws and do not misrepresent your work.

20. Sharing

You may share your tours using features provided by the Services.

By sharing a public tour, you acknowledge that recipients may:

• forward links;
• bookmark pages;
• post links on social media;
• include links in emails;
• embed tours where permitted; and
• access the content until you restrict or remove it.

360are cannot control redistribution of publicly shared links by third parties.

21. Google Street View Publishing

Certain subscription plans may allow you to publish eligible panoramas to Google Street View.

When using this feature:

• you represent that you own or have permission to publish the imagery;
• you are responsible for complying with Google’s policies;
• you acknowledge that Google independently reviews and moderates submitted content; and
• Google may reject, remove, edit, or limit published content at its sole discretion.

360are is not responsible for decisions made by Google regarding Street View publication or removal.

Once imagery has been published to Google, removal may depend upon Google’s systems and policies rather than solely on 360are.

22. AI Knowledge

Some features allow you to upload documents, descriptions, FAQs, or other materials to improve AI-generated responses.

You remain responsible for all information uploaded into AI knowledge bases.

You should not upload:

• confidential information you are not authorized to disclose;
• trade secrets belonging to third parties;
• personal information unless legally permitted;
• illegal content; or
• copyrighted materials without authorization.

AI-generated responses are based upon uploaded information and other contextual signals.

360are does not guarantee that AI responses are complete, accurate, current, or appropriate for every situation.

23. Responsible AI Use

Artificial intelligence is intended to assist—not replace—human judgment.

You should independently verify important information before relying upon AI-generated responses.

You agree not to use AI features:

• to generate illegal content;
• to impersonate others;
• to spread misinformation intentionally;
• to violate intellectual property rights;
• to harass or abuse individuals; or
• to create malicious software or fraudulent content.

We may suspend access to AI functionality if it is used in ways that threaten the integrity or security of the Services.

24. Copyright

You must respect the intellectual property rights of others.

You may not upload content that infringes another person’s:

• copyright;
• trademark;
• patent;
• trade secret;
• publicity rights;
• privacy rights; or
• other proprietary rights.

Repeated copyright violations may result in suspension or permanent termination of your account.

25. Copyright Complaints (DMCA)

If you believe content hosted on 360are infringes your copyright, you may submit a notice containing:

• identification of the copyrighted work;
• identification of the allegedly infringing material;
• your contact information;
• a statement made in good faith;
• a statement made under penalty of perjury that the information is accurate; and
• your physical or electronic signature.

Upon receiving a valid notice, we may remove or disable access to the material while the matter is investigated.

Users who believe content was removed in error may submit a lawful counter-notification where applicable.

26. Acceptable Use

To help maintain a safe, reliable, and professional platform, you agree not to use the Services to:

• violate any law or regulation;
• infringe intellectual property rights;
• distribute malware, ransomware, spyware, or harmful code;
• interfere with platform security;
• attempt unauthorized access to accounts or systems;
• overload or disrupt the Services through excessive automated activity;
• scrape the Services without authorization;
• reverse engineer platform functionality beyond what is permitted by law;
• upload content containing viruses or malicious software;
• conduct phishing or fraudulent activities;
• transmit spam or unsolicited commercial messages;
• abuse trial accounts;
• create accounts using false identities;
• circumvent subscription limitations; or
• interfere with other users’ enjoyment of the Services.

We reserve the right to investigate suspected violations.

27. Fair Use of Platform Resources

Although many plans advertise generous or unlimited capabilities, “unlimited” means reasonable use consistent with normal business operations.

To protect platform reliability for all customers, we may investigate activity that involves unusually excessive:

• storage consumption;
• bandwidth usage;
• API requests;
• automated processing;
• AI requests;
• file uploads; or
• system resource utilization.

If activity materially affects platform stability or other customers, we may require reasonable usage adjustments, upgrades, or alternative solutions.

We will make reasonable efforts to work with customers before restricting legitimate business use.

28. Security

You agree not to:

• probe or scan platform vulnerabilities without authorization;
• attempt to bypass authentication;
• interfere with security mechanisms; or
• exploit software bugs for unauthorized purposes.

If you discover a security vulnerability, we encourage responsible disclosure by privately notifying us so that we may investigate and address the issue.

29. Third-Party Integrations

The Services may integrate with third-party providers, including payment processors, mapping services, AI providers, analytics platforms, cloud hosting providers, social media platforms, or future integrations.

Your use of third-party services may also be governed by those providers' own terms and privacy policies.

360are is not responsible for the availability, security, accuracy, or practices of third-party services.

30. Feedback

We welcome feedback, suggestions, feature requests, and ideas.

If you voluntarily submit feedback regarding the Services, you grant 360are a perpetual, worldwide, non-exclusive, royalty-free license to use, modify, and incorporate that feedback into our products without compensation to you.

This provision applies only to feedback about the Services and does not transfer ownership of your uploaded content or tours.

31. Service Availability

We strive to provide a reliable, secure, and high-performing platform. However, no online service can guarantee uninterrupted availability.

The Services may occasionally be unavailable due to:

• scheduled maintenance;
• emergency maintenance;
• software updates;
• infrastructure upgrades;
• internet or telecommunications failures;
• cloud provider outages;
• third-party service interruptions;
• security incidents; or
• events beyond our reasonable control.

While we work to minimize downtime, we do not guarantee continuous or uninterrupted access to the Services.

32. Platform Improvements

Technology evolves quickly, and so does 360are.

To improve the platform, we may:

• introduce new features;
• modify existing functionality;
• improve performance;
• redesign portions of the user interface;
• retire outdated features;
• replace third-party providers;
• update supported browsers or operating systems; or
• enhance security.

We will make reasonable efforts to avoid unnecessary disruption when implementing significant changes.

33. Beta Features

From time to time, we may offer beta, preview, early access, experimental, or evaluation features.

Beta features are provided to help us improve the Services and may:

• change without notice;
• contain bugs;
• be incomplete;
• be modified or discontinued at any time; or
• produce unexpected results.

Unless otherwise stated, beta features are provided “as is” without additional warranties.

Your feedback helps us improve these features before broader release.

34. Data Backups

We maintain operational backups designed to support platform reliability and disaster recovery.

However:

• backups are not guaranteed archives;
• deleted content may eventually become unrecoverable; and
• backup restoration may not be possible for individual customer requests.

You remain responsible for maintaining copies of important content.

If your virtual tours, images, or documents are critical to your business, we strongly encourage maintaining your own independent backups.

35. Account Suspension

To protect our customers and the integrity of the Services, we may temporarily suspend accounts that appear to be involved in activities such as:

• fraud;
• abuse;
• malware distribution;
• copyright infringement;
• repeated violations of these Terms;
• payment failures;
• security threats;
• unauthorized automated activity; or
• actions that materially disrupt the Services.

Whenever practical, we will attempt to notify you and provide an opportunity to resolve the issue before permanent action is taken.

Immediate suspension may occur where necessary to protect the platform, our customers, or applicable legal obligations.

36. Termination

You may stop using the Services at any time.

We may terminate your account if:

• you materially violate these Terms;
• you repeatedly violate platform policies;
• required fees remain unpaid;
• your account is used for unlawful activity; or
• continued access presents security or legal risks.

Termination of your account does not automatically eliminate payment obligations that accrued before termination.

37. Effect of Termination

Following termination:

• access to your account may end;
• premium functionality may be disabled;
• published tours may become unavailable;
• private content may eventually be deleted; and
• backups may be removed during normal retention cycles.

Where reasonably practical, we may provide an opportunity to export your content before permanent deletion.

Certain provisions of these Terms—including intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, and dispute resolution—continue to apply after termination.

38. Disclaimers

The Services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, 360are disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of:

• merchantability;
• fitness for a particular purpose;
• non-infringement;
• uninterrupted availability;
• accuracy;
• reliability;
• compatibility;
• security; and
• error-free operation.

We do not guarantee that:

• the Services will always be available;
• every bug will be corrected;
• AI-generated responses will always be accurate;
• third-party integrations will remain available; or
• your internet connection or devices will be compatible with every future feature.

39. Limitation of Liability

To the fullest extent permitted by applicable law, 360are and its owners, employees, contractors, affiliates, licensors, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to your use of the Services.

This includes, without limitation:

• loss of profits;
• business interruption;
• loss of data;
• lost business opportunities;
• loss of goodwill;
• system downtime;
• replacement costs;
• reliance on AI-generated content; or
• third-party service failures.

To the maximum extent permitted by law, the total aggregate liability of 360are arising from or relating to the Services shall not exceed the greater of:

• the total subscription fees you paid to 360are during the twelve (12) months immediately preceding the event giving rise to the claim; or
• one hundred U.S. dollars (US $100).

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

40. Indemnification

You agree to defend, indemnify, and hold harmless 360are, its owners, employees, contractors, affiliates, licensors, and partners from any claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from:

• your use of the Services;
• your uploaded content;
• your violation of these Terms;
• your infringement of another person’s rights; or
• your unlawful conduct.

This obligation survives termination of your account.

41. Compliance with Laws

You are responsible for complying with all laws applicable to your use of the Services, including laws relating to:

• intellectual property;
• privacy;
• export controls;
• sanctions;
• consumer protection;
• accessibility;
• photography;
• real estate marketing; and
• artificial intelligence.

Nothing in these Terms authorizes use of the Services in violation of applicable law.

42. Export Compliance

You may not use or export the Services in violation of United States export control laws or other applicable regulations.

You represent that you are not located in, or acting on behalf of, any country or person subject to applicable trade restrictions or sanctions that prohibit use of the Services.

43. Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles.

Any legal action arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Pinellas County, Florida, unless applicable law requires otherwise.

You consent to the personal jurisdiction of those courts.

44. Changes to These Terms

As our platform evolves, these Terms may also change.

If we make material changes, we will provide notice through appropriate means, which may include:

• posting an updated version on our website;
• notifying you by email; or
• displaying a notice within the Services.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the updated Terms.

45. Entire Agreement

These Terms, together with our Privacy Policy and any additional policies expressly incorporated by reference, constitute the entire agreement between you and 360are regarding the Services.

They supersede any prior understandings relating to the Services.

46. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Any unenforceable provision shall be interpreted to most closely reflect its original intent while remaining legally enforceable.

47. No Waiver

Failure by 360are to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.

48. Assignment

You may not assign or transfer these Terms without our prior written consent.

360are may assign these Terms in connection with:

• a merger;
• an acquisition;
• a corporate restructuring;
• a sale of assets;
• financing; or
• operation of the business.

49. Force Majeure

360are shall not be liable for delays or failures resulting from events beyond our reasonable control, including:

• natural disasters;
• fires;
• floods;
• pandemics;
• acts of terrorism;
• labor disputes;
• internet outages;
• cloud provider failures;
• governmental actions;
• war;
• widespread cyberattacks; or
• failures of utilities or telecommunications infrastructure.

50. Contact Information

Questions regarding these Terms may be directed to:

Additional contact information may be updated on our website from time to time.