Terms of Service

In effect from 8 November 2026. These Terms of Service (the "Terms") govern your use of Vistura: the website vistura.app, the Vistura app and Vistura Capture, the tours published with them and the related services (together, the "Service"). The Service is run by the sole trader established in Portugal identified in the Legal notice ("Vistura", "we", "us"). You can write to us at legal@vistura.app, or at support@vistura.app for help with your account or billing.

By creating an account, signing in with Google, subscribing to a plan or otherwise using the Service, you accept these Terms and the Data Processing Agreement, which is Annex 1 to them. Our Privacy Policy explains how we handle personal data. If you use the Service for a company or other organisation, you confirm that you may accept these Terms on its behalf, and "you" means that organisation.

1. Who the Service is for

1.1. The Service is a professional tool for real estate agents, agencies, photographers and other businesses that present properties.

1.2. You must be at least 18 years old and able to enter into a binding contract.

1.3. If you are a consumer, nothing in these Terms limits the rights you have under the mandatory consumer protection law of your country of residence. Section 19 sets out your right of withdrawal.

2. Your account

2.1. Give accurate information when you create your account and keep it up to date.

2.2. Keep your login details confidential. You are responsible for what happens in your account. If you think someone has accessed it without permission, tell us at once at support@vistura.app.

2.3. An account is for one person. To work with other people, use the features your plan offers for that, such as invited editors or a team.

3. The Free plan

3.1. The Free plan has no end date and costs nothing. It allows 3 tours online at a time. Sold, offline and private tours do not count, and neither does the tutorial tour.

3.2. On Free, tours carry the Vistura brand. The features and limits of each plan are shown on the pricing page at the time you use it. Storage for uploaded files is 2 GB per person on Free, 50 GB on Pro and 100 GB on Business.

3.3. If an account on Free has more tours online than the plan allows (for example, after a trial or a Pro subscription ends), 3 tours stay online and the others go offline. The first time this happens, the 3 are the public tours with the most visits in the last 30 days, and from then on you decide which 3 they are. Visitors of a tour that is offline see that it is not available and can still contact you. Nothing is deleted because of this, and when you pay for a plan again, all your tours come back online.

4. The 14-day Pro trial

4.1. Every new account gets Pro for 14 days, with no payment card and nothing to cancel. The 14 days count from the day the account was created. Accounts created before 9 November 2026 count them from that date.

4.2. The trial ends on its own, and your account is then on the Free plan, with the rules in Section 3. Nothing is charged, then or later, unless you choose to subscribe.

4.3. There is one trial per account, and none for an account that has or has had a paid subscription.

5. Paid plans: payment, renewal and cancellation

5.1. Pro and Business are billed in advance, monthly or annually, through our payment provider, Stripe. By subscribing you authorise the charge to your payment method at the start of each billing period.

5.2. Prices are in US dollars. Any tax that applies, such as VAT, is shown at checkout before you pay.

5.3. Subscriptions renew automatically for the same period until you cancel. You can cancel at any time: a Pro plan in Settings > Plan, and a team's Business plan in the team's Billing page. Cancellation takes effect at the end of the period you have paid for. You keep the plan until then, and you can take the cancellation back before that date.

5.4. When a Pro subscription ends, the account is on Free, with the rules in Section 3. When a Business subscription ends, Section 7 applies.

5.5. If a payment fails, Stripe retries it and your plan keeps working for 14 days from the first failure. After that, a personal account counts as Free (Section 3) and a team is locked (Section 7), until the amount due is paid or the plan is taken out again.

5.6. Deleting your account or a team ends its subscription at once. To use the days you have already paid for, cancel instead (Section 5.3) and delete at the end of the period.

5.7. We may change our prices. A change applies to your subscription from your next renewal. We will tell you at least 30 days before, and you may cancel before the new price applies.

5.8. Founder price. If you subscribe on or before 31 December 2026 at the founder price shown at checkout, you keep that price on your plan for as long as that subscription stays active, and Section 5.7 does not apply to it. It covers the plan itself; extra Business seats are charged at their normal price. If the subscription ends, the founder price ends with it, and a new subscription made after 31 December 2026 is at the price in force on that day.

6. Refunds

6.1. Payments are for periods that have started and, apart from the cases in this Section and what the law requires, are not refundable. We do not give refunds or credits for part of a period, for features you did not use or for moving to a lower plan.

6.2. We refund you:

• when you withdraw from your subscription as a consumer (Section 19), less the time already provided;
• when you were charged twice or charged by mistake, in full;
• when we remove a material feature of your paid plan during your billing period and you cancel for that reason (Section 12.2), for the unused part of the period;
• when we end the Service or your plan without any breach on your part (Section 15.3), for the unused part of the period;
• when you cancel because of a change to these Terms (Section 18), for the unused part of the period.

6.3. To ask for a refund, write to support@vistura.app from the email address of your account. Refunds are made to the payment method you used, within 14 days of the day we receive your request or, in a case where we must first confirm the facts, of the day we confirm them.

7. Teams and the Business plan

7.1. A team exists only while its Business plan is paid. It is created when its checkout is paid. The person who pays for it (the owner) is responsible for its billing and for who has access to it. A team's Business plan applies inside that team only, and a personal Pro plan does not extend to a team.

7.2. When a team's subscription ends, or when a payment has failed for longer than the 14 days in Section 5.5, the team is locked: its tours go offline, showing the agent's contact form to visitors, and the team becomes read-only. The owner can reactivate it, export its data and give tours back to the agents who brought them.

7.3. A locked team is deleted 30 days after it was locked. Before that, we send reminders by email with the date. On deletion, tours that an agent brought into the team go back to that agent, with their leads. The other tours of the team, with their files, leads and visits, and the team itself are deleted and cannot be recovered.

8. Your content

8.1. "Your Content" is everything you upload to or create with the Service: photographs, 360° images, floor plans, video, audio, texts, logos, tour settings and the information collected through your forms.

8.2. You keep all the rights you have in Your Content. We claim no ownership of it.

8.3. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, adapt (for example, resize or compress) and display Your Content, to the extent needed to provide, secure and improve the Service and to show your tours to the people they are published for. This licence ends when Your Content is deleted from the Service, except for copies in backups for the limited period in our Privacy Policy.

8.4. Showing real work. You also grant us a licence to use tours you publish as public, and the name and logo of the agent or agency shown on them, as examples in our own marketing, as described in Section 4 of our Privacy Policy. We never use private tours, tours shared by link only, leads or visitor statistics for this. You can say no at any time by writing to privacy@vistura.app, and we then stop using them in new materials and remove them from our website and our own social media pages within 14 days.

8.5. You are responsible for Your Content, and you confirm that:

• you own it or have all the rights and permissions needed to use it with the Service, including from photographers;
• you have the consent of the owner of each property, and of any occupants, to photograph it and publish the tour, and you are authorised to market it;
• it does not show people, documents, number plates or other personal information without a lawful basis, and you have blurred or removed what should not be shown;
• descriptions, prices, areas and other information in your tours are accurate and comply with the real estate advertising rules that apply to you;
• it does not infringe anyone's rights and complies with the law.

8.6. 360° photos may contain location data (GPS) recorded by the camera. If you turn on the display of photo details in a tour, visitors may see it. You decide whether to show it.

9. Leads and visitor data

9.1. When visitors send you enquiries or book visits through your tours and forms, you are the controller of that personal data and we process it on your behalf, as your processor. The Data Processing Agreement governs that processing.

9.2. You are responsible for having a lawful basis to collect and use that data, for informing your visitors as the law requires (including through your own privacy notice), for answering their requests, and for using their data, including any consent to marketing, lawfully.

10. Acceptable use and takedown

10.1. You must not use the Service to:

• break the law or help anyone else to do so;
• publish content that is false or misleading, defamatory, obscene, discriminatory or violent, or that infringes intellectual property, privacy or other rights;
• advertise properties you are not authorised to market;
• send spam or collect personal data without a lawful basis;
• upload malware, or try to access accounts, data or systems without permission;
• probe or test the vulnerability of the Service, or bypass its security or its limits;
• overload the Service, scrape it by automated means beyond normal use, or resell it without our written permission;
• copy or reverse engineer the Service, except where the law allows it.

10.2. Reporting a tour. Anyone can tell us that a tour is illegal, exposes someone's private life or was published by someone who does not own the listing, using "Report this tour" in the tour itself or by writing to legal@vistura.app. Please say which tour it is and why. We do not tell the agent who made a report.

10.3. We review reports and act on them as soon as we reasonably can. If content breaches these Terms or the law, we may take the tour offline, remove the content, or suspend the account (Section 15). When we do, we tell the customer concerned what we did and why, unless the law or an authority prevents it, or the content is part of a deliberate abuse.

10.4. If you disagree with a decision, or made a report and disagree with how we handled it, write to legal@vistura.app within 6 months. We will look at it again and tell you the result. This does not limit your right to go to a court or an authority.

11. Our intellectual property

The Service, including its software, design, texts, logos and the Vistura name, belongs to us or our licensors. These Terms give you a limited, non-exclusive, non-transferable and revocable right to use the Service according to your plan while your account is active. If you send us feedback or suggestions, we may use them freely and with no obligation to you.

12. Availability and changes to the Service

12.1. We work to keep the Service available and secure, but we do not guarantee that it will be uninterrupted or error-free. Maintenance, updates, failures of our providers or of the internet and events outside our control may cause interruptions.

12.2. We may change, improve, add or remove features. If we remove a material feature of a paid plan during your billing period, we will tell you in advance, and you may cancel and receive a proportional refund of the unused period.

12.3. Keep your own copies of Your Content. The Service is not a backup or archive service.

13. Third-party services

The Service relies on third-party providers (for example, for hosting, payments and email) and can link to or work with third-party services, such as messaging apps, calendars and social networks. Third-party services that you choose to use are governed by their own terms, and we are not responsible for them.

14. Disclaimer of warranties

14.1. To the fullest extent permitted by law, the Service is provided "as is" and "as available". We make no warranties, express or implied, including about merchantability, fitness for a particular purpose, non-infringement or the results you will obtain, such as more enquiries, visits or sales.

14.2. Statistics in the Service are estimates, given for information only.

14.3. This Section does not exclude any warranty or right that cannot be excluded by law, including the rights of consumers.

15. Suspension and termination

15.1. You may stop using the Service and delete your account at any time, in Settings. Section 5.6 applies to any subscription.

15.2. We may suspend or terminate your access to the Service, or remove Your Content, immediately if you seriously or repeatedly breach these Terms, if you fail to pay amounts due, if the law or an authority requires it, or if this is necessary to protect the Service, other users or third parties. In other cases we will give you reasonable notice.

15.3. We may end the Service, or the Free plan, by giving you at least 60 days' notice. For paid plans, we will refund any amount paid for the period after the end.

15.4. After your account is closed, Your Content is deleted within the periods in our Privacy Policy. Export what you need before you close it.

15.5. Sections 8.5, 9, 11, 14, 16, 17, 20 and 21 continue to apply after termination.

16. Limitation of liability

16.1. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including for wilful misconduct (dolo), gross negligence (culpa grave), death or personal injury, or fraud.

16.2. Subject to Section 16.1 and to the fullest extent permitted by law, we are not liable for:

• loss of profits, revenue, business, sales, commissions or opportunities;
• loss of goodwill or reputation;
• loss or corruption of data that you could have avoided by keeping your own copies;
• any indirect, incidental, special or consequential damages.

16.3. Subject to Section 16.1, our total liability for all claims relating to the Service or these Terms in any 12-month period is limited to the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the claim and (b) one hundred euros (EUR 100).

16.4. We are not liable for any failure or delay caused by events beyond our reasonable control, including failures of hosting, payment, email or telecommunications providers, cyberattacks we could not reasonably have prevented, natural disasters, pandemics, war, strikes or acts of authorities.

17. Indemnity

To the extent permitted by law, you will defend and indemnify us against claims, damages, fines, losses and reasonable costs (including legal fees) brought by third parties or authorities that arise from Your Content, from your use of the Service in breach of these Terms or the law, or from your processing of personal data as a controller, including data collected through your forms. We will tell you promptly of any such claim and cooperate reasonably with you. This Section does not apply to consumers.

18. Changes to these Terms

We may update these Terms. If a change is material, we will tell you at least 30 days before it applies, by email or in the Service. If you do not agree, you may cancel before the change applies, and on a paid plan we will refund the amount paid for the period after the change. If you continue to use the Service after the change applies, you accept the updated Terms.

19. Consumers: right of withdrawal

19.1. If you are a consumer resident in the European Union, or in another country whose law gives you the same right, you may withdraw from a paid subscription within 14 days of the day you subscribed, without giving any reason. The Free plan and the trial cost nothing, so there is nothing to withdraw from.

19.2. To withdraw, tell us before the 14 days end with a clear statement, by email to support@vistura.app. You can use this text: "I withdraw from my contract for the Vistura [plan] plan, subscribed on [date]. Name: [your name]. Account email: [your email]. Date: [today]."

19.3. Immediate start. A paid plan starts as soon as you pay. By completing the checkout, you expressly ask us to start providing it during the withdrawal period. If you then withdraw, you pay an amount proportional to the period provided up to the day you told us, and we refund the rest. You lose the right of withdrawal only when the Service has been fully provided.

19.4. We refund you within 14 days of the day we receive your withdrawal, with the same payment method and at no cost to you. The subscription ends on that day, and Sections 3 and 7 apply to your account or team.

19.5. As a consumer you also have the legal guarantee that the Service conforms to the contract, under the law that applies to you.

19.6. If we cannot resolve a dispute together, you may go to an alternative dispute resolution entity. The national consumer arbitration centre in Portugal is the CNIACC (Centro Nacional de Informação e Arbitragem de Conflitos de Consumo), www.cniacc.pt. More information is available at www.consumidor.gov.pt.

20. Governing law and jurisdiction

20.1. These Terms are governed by the laws of Portugal.

20.2. If you are a business, the courts of Portugal have exclusive jurisdiction over any dispute.

20.3. If you are a consumer, you also have the mandatory protections of the law of your country of residence, and you may bring proceedings in its courts.

21. General

21.1. Entire agreement. These Terms, the Privacy Policy and the Data Processing Agreement are the entire agreement between you and us about the Service.

21.2. Severability. If a provision is found invalid or unenforceable, the rest remains in effect.

21.3. No waiver. Not enforcing a right is not a waiver of it.

21.4. Assignment. You may not transfer these Terms without our consent. We may transfer them to a company we set up or to a successor of the Service, and we will tell you if we do.

21.5. Language. These Terms are published in English, Portuguese and Spanish. If the versions differ, the English version prevails, except where consumer law requires otherwise.

21.6. Notices. We may give notices by email to the address of your account or in the Service. You may give notices to legal@vistura.app.