Customer Terms & Conditions

1. Agreement & Acceptance

These Terms & Conditions ("Terms") are a binding agreement between GausHaus LLC, a California limited liability company, 16950 Via de Santa Fe, Rancho Santa Fe, CA 92067 ("GausHaus," "we," "us") and the person or entity booking capture services ("you," "Customer"). You accept these Terms by checking the agreement box when booking, by giving us access to a property for capture, or by using any deliverable we provide — whichever happens first.

If you book on behalf of a brokerage, seller, or other entity, you represent that you have authority to bind yourself and to make the commitments in Section 3 on behalf of the property owner. Our Privacy Policy is incorporated into these Terms by reference.

2. The Service

GausHaus provides on-site property capture using proprietary spatial-imaging equipment, enterprise drone aerial capture, and professional still photography, and produces media and data products which may include: an interactive 3D "twin" (Gaussian splat) of the property, still image galleries, walkthrough and aerial video, floor plans, measurement data, and related listing media (collectively, "Deliverables"). The specific Deliverables for your booking are those described on our site or in your booking confirmation.

3. Booking, Scheduling & Property Access

• Requests, not reservations. Submitting the booking form is a request. No appointment exists until we send you a written confirmation (email). Capture appointments must be scheduled at least 48 hours in advance.
• Quotes. Quotes are calculated from the property details you confirm at booking. If the actual dwelling size, lot size, or site count differs materially, we may adjust the price and will tell you before or at the shoot. Properties over 5 acres, commercial, and multi-parcel captures are quoted individually.
• Your authorization warranty. You represent and warrant that you have — or have obtained from the property owner — full authority for us to enter the property; to capture its interior, exterior, and grounds by camera, drone, and 3D scanning; and for GausHaus to own and use the resulting Capture Data as described in Section 6. Where the property is occupied, you are responsible for notifying occupants of the capture.
• Excluded areas. We do not capture areas we are not authorized to enter — including shared condo/HOA amenities, gated community facilities, and neighboring property.
• Preparation. The property should be capture-ready at the scheduled time: accessible, lights on, staged as you want it recorded. Whatever is visible may be captured. Remove or disclose anything you do not want recorded — we are not responsible for items left in view.

4. Pricing & Payment

• Fees are those quoted at booking, as adjusted under Section 3, plus any on-site additions you approve (for example, additional scanning time at published rates).
• Payment is due in full before Deliverables are released. We may issue the invoice at or after the capture; access to Deliverables, the hosted 3D twin, and the license in Section 7 begin only when payment has cleared.
• If any payment is later reversed or charged back, your license under Section 7 terminates immediately and hosted Deliverables may be taken offline until the matter is resolved.
• Where a deposit is collected at booking, it is applied to the total and is subject to the cancellation terms below.

5. Cancellation & Rescheduling

• You may reschedule or cancel free of charge with at least 24 hours' notice before the scheduled shoot.
• Late cancellation: cancellations with less than 24 hours' notice — including access failures, where we arrive and cannot enter or capture the property — incur a charge of 50% of the quoted fee.
• Weather or airspace conditions that prevent safe aerial capture may require us to reschedule the aerial portion or the visit; such rescheduling is free.

6. Capture Data — Ownership & Our Rights

• Definition. "Capture Data" means everything created in connection with a capture: 3D scans and Gaussian-splat models, LiDAR and depth data, photographs, video, aerial imagery, floor plans, measurements, extracted property data, derivative works, and every other media or data product, in any format, whether or not delivered to you.
• Ownership. All Capture Data is, from the moment of creation, the sole and exclusive property of GausHaus LLC, in perpetuity. Nothing in these Terms transfers ownership of any Capture Data to you.
• Unrestricted rights. To the maximum extent permitted by law, GausHaus may use, reproduce, modify, adapt, publish, display, distribute, license, sublicense, sell, exchange, train models on, and otherwise commercialize or exploit any Capture Data — for any purpose, at any time, with any party, anywhere, for free or for value, without notice, attribution, or compensation to you or any other person. Without limiting the foregoing, this expressly includes sharing Capture Data with our affiliated and related companies (including Properkey) and with third parties of our choosing, and using Capture Data in GausHaus or third-party marketing and advertising, on websites, in demonstrations and portfolios, in print, broadcast, social, and any other media now known or later developed.
• Carve-out. Your personal contact information (name, email, phone submitted at booking) is not Capture Data and is handled under our Privacy Policy.
• Personal items. Interior capture may incidentally include furnishings and personal property visible at the shoot. Your sole protection is preparation under Section 3 — remove or disclose anything you do not want captured.
• You will not assert, and you waive to the fullest extent permitted, any claim against GausHaus's ownership or use of Capture Data, including under privacy, publicity, or moral-rights theories, except as expressly reserved by law.

7. Your License

• Grant. Upon our receipt of payment in full, GausHaus grants you a non-exclusive, royalty-free, worldwide license to use the Deliverables to market the captured property — including publication to any MLS, listing portal, or syndication service (and the sublicenses those services require), use by the property's seller and your listing brokerage in connection with the listing, and use in your own portfolio and professional self-promotion.
• Restrictions. Deliverables may not be resold, licensed as stock media, offered for redistribution, or transferred to unrelated third parties. The license does not include ownership of any Capture Data.
• Hosting. We host the interactive 3D twin at no charge for the life of the associated listing (from capture until the listing sells, closes, is withdrawn, or otherwise terminates). Hosting beyond the listing period is not guaranteed and may be offered separately; hosted content may be archived after the listing period ends.
• Term. The license is perpetual for materials you lawfully published during its effectiveness, and terminates prospectively upon payment reversal (Section 4) or your material breach of these Terms.

8. Delivery & Quality; Sole Remedy

• We target delivery within 48 hours of capture; delivery times are estimates, not guarantees. GausHaus is not responsible for delivery delays caused by compute or GPU availability, processing-queue volume, or third-party cloud or hosting capacity, and such delays do not entitle you to a refund, credit, or damages.
• Sole remedy. If a Deliverable has a material defect attributable to our capture or processing, notify us within 7 days of delivery and your sole and exclusive remedy is correction: re-processing, re-rendering, or — at our discretion — a re-shoot. Fees are non-refundable once Deliverables are released.
• Aesthetic preferences, property condition, staging, weather, and lighting at the scheduled time are not defects.

9. Accuracy Disclaimer

Floor plans, square footage, room dimensions, lot figures, and all extracted or measured data are approximations generated from scan data and provided for marketing convenience only. They are not a survey, appraisal, inspection, or engineering document, and GausHaus is not a licensed surveyor, appraiser, or inspector. You and anyone relying on the Deliverables must independently verify all measurements and data. You are solely responsible for compliance with MLS rules and real-estate advertising regulations when publishing Deliverables.

10. Disclaimer of Warranties

Except as expressly stated in Section 8, the service and all Deliverables are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability. Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

11. Limitation of Liability & Waiver

To the maximum extent permitted by law: (a) GausHaus's total aggregate liability arising out of or relating to a capture, the Deliverables, or these Terms — whether in contract, tort, negligence, or otherwise — shall not exceed the fees you actually paid for the capture giving rise to the claim; (b) GausHaus shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost commissions, lost transactions, or diminution in property value, even if advised of the possibility; and (c) you waive and release GausHaus from any claim arising from the presence of our personnel and equipment on the property, ordinary wear from access, hosting interruptions, or third-party use of published Deliverables.

Nothing in these Terms limits liability that cannot lawfully be limited, including for gross negligence, willful misconduct, or fraud. Claims must be brought within one (1) year of the event giving rise to them.

12. Assumption of Risk; Drone Operations

• Aerial capture is performed with enterprise drone equipment by an FAA Part 107 certified remote pilot, subject to airspace authorization, regulations, and weather.
• You acknowledge that on-site capture involves ordinary physical activity on the property (walking all areas, temporary equipment placement, low-altitude flight over the parcel) and accept those ordinary risks. You will secure pets and inform occupants before the shoot.

13. Indemnification

You will indemnify, defend, and hold harmless GausHaus LLC and its members, employees, and contractors from and against any claims, damages, and costs (including reasonable attorneys' fees) arising out of: (a) your breach of the authorization warranty in Section 3, including any claim by a property owner, occupant, or third party regarding access, capture, or GausHaus's ownership and use of Capture Data; (b) your publication or use of Deliverables; or (c) your violation of law or MLS rules in connection with the listing.

14. Apollo Delivery Portal

• Deliverables may be provided through our Apollo portal (apollo.gaushaus.com). You are responsible for safeguarding your credentials and for activity under your account.
• You may not probe, scrape, reverse-engineer, or attempt unauthorized access to the portal or other customers' content. We may suspend accounts that threaten the service.
• The portal is provided as-is; availability is not guaranteed, and features may change.

15. Dispute Resolution — Arbitration & Class Waiver

• Informal resolution first. Before filing any claim, you agree to contact us at Contact@GausHaus.com and give us 30 days to resolve the dispute informally.
• Binding arbitration. Any dispute arising out of or relating to these Terms or the services that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in San Diego County, California (or, at your election, conducted by videoconference or on documents alone). Judgment on the award may be entered in any court of competent jurisdiction.
• Class action and jury waiver. All disputes shall be arbitrated on an individual basis only. You and GausHaus each waive the right to a jury trial and the right to participate in any class, collective, consolidated, or representative action. If the class waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.
• Small-claims carve-out. Either party may instead bring an individual claim in small-claims court in San Diego County if it qualifies.
• Opt-out. You may opt out of this arbitration agreement by emailing Contact@GausHaus.com with the subject "Arbitration Opt-Out," your name, and the property address, within 30 days of first accepting these Terms. Opting out does not affect any other provision.

16. General

• Governing law. These Terms are governed by the laws of the State of California, without regard to conflicts-of-law rules. Subject to Section 15, venue lies in San Diego County, California.
• Entire agreement. These Terms, the Privacy Policy, and your booking confirmation are the entire agreement and supersede prior discussions. If these Terms conflict with the summaries on our website, these Terms control.
• Changes. We may update these Terms; the version in effect when you book governs that capture. Material changes will be posted here with a new effective date.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a sale or reorganization of our business.
• Severability; waiver. If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver.
• Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control (weather, airspace restrictions, utility or platform outages, compute or GPU capacity constraints, labor disruptions, acts of God), except your payment obligations.
• Notices. Legal notices to GausHaus: Contact@GausHaus.com or GausHaus LLC, 16950 Via de Santa Fe, Rancho Santa Fe, CA 92067. Notices to you: the email you provided at booking.