HausTour

Terms of Service

Effective: March 2026 · Version 1.0

Operator: Overclock GmbH, Baar, Canton of Zug, Switzerland
Contact: legal@haustour.ch

1. Scope and Acceptance

1.1 These Terms of Service (“Terms”) govern access to and use of the HausTour platform, website, applications, APIs, chatbot integrations, and related services (collectively, the “Service”) provided by Overclock GmbH (“HausTour”, “we”, “us”, “our”).

1.2 The Service is intended primarily for business and professional use, including by real estate agents, agencies, brokers, property marketers, and related professionals, as well as individual property owners marketing their own properties. By creating an account, using the Service, or submitting content through the website, application, API, WhatsApp, Telegram, SMS, or any other supported channel, you (“Customer”, “you”, “your”) agree to be bound by these Terms.

1.3 If you use the Service on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” means that entity.

1.4 If you do not agree to these Terms, you must not access or use the Service.

2. Description of the Service

2.1 The Service enables users to upload photos and related inputs and to generate property-marketing outputs, including but not limited to room analysis, AI-generated descriptions, marketing copy, image enhancement, voiceovers, and cinematic video tours.

2.2 The Service may use third-party technologies, including cloud, AI, speech, communications, rendering, hosting, and analytics providers.

2.3 The Service may be modified from time to time. We may add, remove, or change features, providers, workflows, or technical methods at any time.

3. Account Registration and Security

3.1 You must provide accurate, current, and complete information when registering and must keep such information updated.

3.2 You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account.

3.3 You must promptly notify us at legal@haustour.ch of any unauthorized use of your account or any security incident affecting your account.

3.4 We may suspend or restrict access if we reasonably suspect unauthorized access, fraud, abuse, unlawful activity, or a security risk.

4. Customer Content and Rights

4.1 “Customer Content” means all data, files, photos, text, prompts, property information, contact information, audio, video, branding assets, metadata, and other materials submitted by or on behalf of you to the Service.

4.2 You retain your rights in Customer Content, subject to the rights granted in these Terms.

4.3 You grant HausTour a worldwide, non-exclusive, revocable for the term of these Terms, royalty-free right to host, store, reproduce, process, adapt, transmit, and otherwise use Customer Content solely as necessary to provide, maintain, secure, support, improve, and enforce the Service and these Terms.

4.4 You represent and warrant on an ongoing basis that:

  • (a) you own or control all rights necessary for the upload, processing, enhancement, transformation, storage, and publication of Customer Content and resulting outputs;
  • (b) Customer Content and your use of the Service do not infringe any copyright, trademark, database right, design right, privacy right, personality right, contractual right, or other right of any third party;
  • (c) you have all required notices, permissions, and legal bases for any personal data included in Customer Content;
  • (d) Customer Content is accurate, lawful, and not misleading; and
  • (e) you will not upload images or information that you are not legally entitled to process.

4.5 You are solely responsible for Customer Content, including legality, quality, accuracy, permissions, publication, and downstream use.

5. AI-Generated Output; Human Review Obligation

5.1 The Service uses automated systems and artificial intelligence to generate, enhance, transform, summarise, and assemble content (“Output”).

5.2 Output may be inaccurate, incomplete, outdated, misleading, stylistically inconsistent, or otherwise unsuitable for your intended purpose. Output may omit relevant features, misidentify rooms or objects, infer characteristics that are not present, or produce wording that is not legally, factually, or commercially appropriate.

5.3 You acknowledge and agree that:

  • (a) Output is generated automatically on the basis of probabilities and patterns and is provided for assistance only;
  • (b) Output is not legal advice, valuation advice, real-estate compliance advice, surveying advice, building advice, financial advice, or professional advice of any kind;
  • (c) you must review, verify, and approve all Output, including property descriptions, features, room labels, measurements, quality claims, condition claims, neighbourhood claims, and voiceover text, before use, publication, or reliance;
  • (d) you must independently confirm the accuracy and legality of any statements used in public-facing materials; and
  • (e) you bear sole responsibility for all published listings, advertisements, videos, captions, claims, and representations made using the Service.

5.4 We do not warrant that any Output is factually correct, complete, non-infringing, merchantable, fit for a particular purpose, or suitable for publication.

5.5 You must not use the Service in a manner that could reasonably create a false impression about a property, including by publishing unverified, manipulated, deceptive, or materially misleading content.

5.6 Without limitation, Output may include statements about room counts, measurements, floor area, energy performance, views, zoning, parking, building condition, neighbourhood characteristics, school districts, and similar property attributes. You must independently verify all such claims before use in any listing, advertisement, or communication.

5.7 Where the Service enhances, upscales, outpaints, or otherwise modifies images, the resulting images may differ materially from the original photographs. You are responsible for ensuring that modified images are not used in a manner that materially misrepresents the actual condition, appearance, or features of a property.

6. Public Links and Distribution

6.1 The Service may allow you to download videos and share them through public links or third-party platforms.

6.2 You are solely responsible for deciding whether to publish or distribute any Output and for ensuring that such publication complies with applicable law, industry rules, contractual obligations, platform rules, and professional standards.

6.3 Public links may be accessible by any person who obtains the link unless additional access controls are expressly provided.

6.4 We are not responsible for third-party copying, reposting, indexing, embedding, scraping, caching, or downstream use of content you publish or share.

6.5 Public links may be indexed by search engines. We do not guarantee that content will be removed from third-party caches or indices after you delete it from the Service.

6.6 You must not include personal data of third parties in public-link content unless you have a lawful basis to do so.

7. Chatbot and Messaging Channels

7.1 The Service may be made available through third-party messaging or communications channels, including WhatsApp, Telegram, SMS, and similar services (“Messaging Channels”).

7.2 By using a Messaging Channel with the Service, you acknowledge and agree that:

  • (a) your use of that channel is also subject to the terms and privacy practices of the relevant third-party provider;
  • (b) delivery, latency, encryption, availability, retention, and metadata handling may depend in part on the third-party channel provider;
  • (c) we do not control and are not responsible for the independent acts, omissions, outages, or policy changes of Messaging Channel providers;
  • (d) Messaging Channels are not appropriate for emergencies, urgent deadlines, or highly sensitive confidential communications unless separately agreed; and
  • (e) you must not send special-category or otherwise highly sensitive personal data unless strictly necessary and lawfully permitted.

7.3 You authorise us to receive, process, store, and respond to content submitted through such Messaging Channels for the purpose of providing the Service.

7.4 We may enable or disable Messaging Channels at any time.

8. Credits, Fees, and Payment

8.1 The Service operates on a prepaid credit basis. Pricing, credit bundles, free-tier allowances, and feature limitations are described on the applicable pricing page.

8.2 Free accounts receive limited free credits. Free-tier outputs include a watermark and may be subject to additional limits.

8.3 Paid credits are consumed when a job passes initial validation and enters the processing queue (the “Chargeable Job Event”). Credits are not consumed if a job fails initial validation before entering the queue.

8.4 You acknowledge that job creation triggers allocation of compute, storage, orchestration, and third-party processing resources. Accordingly, once a job is created, the corresponding credits are deemed used, subject only to Section 9.

8.5 Prices are exclusive of VAT, withholding taxes, duties, and similar charges unless expressly stated otherwise. You are responsible for all applicable taxes except taxes on our income.

8.6 We may use third-party payment processors. Payment processing is subject to the terms and privacy policies of those providers.

8.7 Unless otherwise stated at the time of purchase, credits are non-transferable and valid for 12 months from purchase date.

8.8 Duplicate job submissions resulting from technical errors (such as double-click or network timeout) will be detected and refunded automatically where possible.

9. Refunds and Credit Adjustments

9.1 Free credits are provided to allow customers to evaluate the Service. Except as expressly set out in this Section, all purchases are final.

9.2 Credits used for a job are non-refundable solely because:

  • (a) you do not like the style, tone, pacing, or creative choices of the output;
  • (b) the output requires editing, correction, or refinement;
  • (c) the AI output does not match your subjective expectations;
  • (d) you uploaded unsuitable, incomplete, low-quality, duplicate, rotated, obstructed, or otherwise problematic input materials; or
  • (e) a third-party platform refuses or limits your publication.

9.3 We will issue a reasonable credit refund or rerun only where a job fails primarily due to a verified technical or system-side failure attributable to us, such as a render crash, unrecoverable processing error, or duplicate credit consumption for the same failed job.

9.4 We may require reasonable evidence and internal verification before granting any refund, credit reissue, or rerun.

9.5 Refunds in cash are not provided unless required by mandatory law or expressly approved by us in writing.

10. Acceptable Use

10.1 You must comply with the HausTour Acceptable Use and Content Policy, as amended from time to time.

10.2 Without limitation, you must not:

  • (a) upload unlawful, infringing, deceptive, defamatory, harassing, hateful, abusive, or fraudulent content;
  • (b) upload content that violates privacy, publicity, or image rights;
  • (c) use the Service to generate deceptive property marketing, false claims, or manipulated media likely to mislead buyers, tenants, or the public;
  • (d) upload malware or interfere with the integrity or performance of the Service;
  • (e) reverse engineer, probe, scan, benchmark publicly without consent, or circumvent technical limitations;
  • (f) use the Service to build or train a competing service, except to the extent such restriction is prohibited by mandatory law; or
  • (g) use the Service in violation of applicable real-estate advertising, consumer, competition, or data-protection law.

11. Our Rights to Moderate, Refuse, or Remove

11.1 We may, but are not obliged to, review Customer Content and Output for compliance with these Terms, security, abuse prevention, and legal risk management.

11.2 We may remove, block, disable, refuse to process, or restrict content or accounts if we reasonably believe they violate these Terms, applicable law, third-party rights, or create legal, reputational, or security risk for us or others.

11.3 We may cooperate with lawful requests from courts, regulators, law-enforcement authorities, and rights holders.

12. Intellectual Property in the Service

12.1 We and our licensors retain all rights, title, and interest in and to the Service, including software, models, prompts, templates, interfaces, workflows, designs, documentation, and all related intellectual property rights, except for Customer Content and rights expressly granted to you.

12.2 Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during the term to access and use the Service for your internal business purposes.

13. Output Rights

13.1 As between you and us, and subject to your compliance with these Terms, we assign or grant to you any rights we may have in Output generated specifically for you, excluding: (a) our pre-existing materials, software, templates, know-how, and system components; (b) generic features and functionality; (c) third-party materials and voices subject to third-party terms; and (d) any rights that cannot legally be assigned.

13.2 You acknowledge that similar or identical output may be generated for other customers and that no exclusivity is promised.

14. Data Protection

14.1 We process personal data in accordance with our Privacy Policy.

14.2 To the extent we process personal data on your behalf as a processor, the Data Processing Agreement incorporated by reference into these Terms applies.

14.3 You are responsible for determining whether your use of the Service requires notices, consents, contracts, transfer assessments, or other compliance measures under applicable law.

15. Security and Retention

15.1 We implement reasonable technical and organisational measures appropriate to the nature of the Service.

15.2 You acknowledge that no internet-based or cloud-based service can be guaranteed to be completely secure, uninterrupted, or error-free.

15.3 Unless otherwise stated in writing, we may delete raw uploads, intermediate assets, outputs, and logs in accordance with our retention policies, operational needs, backup cycles, security requirements, and legal obligations.

15.4 You are responsible for maintaining your own copies of materials you wish to retain.

16. Availability, Support, and Service Levels

16.1 The Service is provided on an “as available” and “best efforts” basis.

16.2 We do not provide any guaranteed uptime, guaranteed response time, guaranteed recovery time, service credits, or minimum support levels unless expressly agreed in a signed enterprise agreement.

16.3 We may perform maintenance, upgrades, migrations, provider changes, emergency patches, and downtime-related actions at any time.

17. Warranties Disclaimer

17.1 To the maximum extent permitted by law, the Service, all outputs, and all related materials are provided “as is” and “as available.”

17.2 We disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, uninterrupted availability, error-free operation, or accuracy.

17.3 We do not warrant that:

  • (a) the Service will meet your needs;
  • (b) the Service will be uninterrupted, timely, secure, or error-free;
  • (c) outputs will be accurate, lawful, publication-ready, unique, or fit for commercial reliance; or
  • (d) defects will be corrected within any specific timeframe.

18. Limitation of Liability

18.1 To the maximum extent permitted by applicable law, HausTour and its directors, officers, employees, affiliates, contractors, licensors, and suppliers shall not be liable for any: (a) indirect, incidental, consequential, special, exemplary, or punitive damages; (b) loss of profits, revenue, business, goodwill, data, contracts, opportunities, or anticipated savings; (c) reputational harm; (d) claims arising from publication or use of Output; (e) claims by buyers, sellers, tenants, landlords, portals, platforms, or regulators relating to property marketing content; (f) loss or corruption of data; or (g) third-party acts or omissions.

18.2 To the maximum extent permitted by law, our aggregate liability arising out of or in connection with the Service and these Terms shall not exceed the greater of: (a) the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim; or (b) CHF 500.

18.3 Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by mandatory law, including liability for intentional misconduct or gross negligence where such exclusion is not permitted.

19. Indemnification

19.1 You shall defend, indemnify, and hold harmless HausTour and its directors, officers, employees, affiliates, contractors, licensors, and suppliers from and against all claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, costs, and expenses, including reasonable legal fees, arising out of or related to: (a) Customer Content; (b) your use of the Service; (c) your publication, distribution, or exploitation of Output; (d) your breach of these Terms; (e) your violation of applicable law; or (f) any allegation that Customer Content, your instructions, or your use of Output infringes or violates third-party rights or misrepresents a property.

20. Suspension and Termination

20.1 We may suspend or terminate your access immediately, with or without notice, if: (a) you breach these Terms; (b) we reasonably suspect fraud, abuse, infringement, illegality, or security risk; (c) required by law or by a third-party provider; or (d) continued provision of the Service is no longer commercially, technically, or legally feasible.

20.2 You may stop using the Service at any time.

20.3 Upon termination for your breach or fraud: (a) your right to access the Service ceases immediately; (b) unused paid credits may be forfeited; (c) we may delete or anonymise data in accordance with our retention policies.

20.4 Upon termination by us for our convenience, discontinuation of the Service, or reasons not attributable to your breach: (a) we will provide at least thirty (30) days’ notice where commercially practicable; (b) unused paid credits will be refunded on a pro-rata basis or you will be given a reasonable redemption period of at least sixty (60) days; (c) you may export your data during the notice period.

20.5 Sections 4 (Customer Content rights), 5 (AI Output disclaimers), 8–9 (Credits and Refunds), 12–13 (Intellectual Property), 14 (Data Protection), 17–19 (Warranties, Liability, Indemnification), 23 (Governing Law), and 24 (Miscellaneous) survive termination.

21. Consumer Rights

21.1 If you are a consumer within the meaning of applicable mandatory consumer protection law, certain provisions of these Terms may not apply to the extent they conflict with mandatory consumer rights in your jurisdiction.

21.2 Nothing in these Terms is intended to exclude or limit mandatory consumer rights that cannot be waived by contract.

21.3 If you are a consumer in the European Union, you may have a right of withdrawal within fourteen (14) days of purchase. However, you acknowledge that digital content delivery begins immediately upon job creation, and you may lose your right of withdrawal once processing starts, to the extent permitted by applicable consumer law.

21.4 Credit expiry periods and non-refund policies are disclosed at the time of purchase. Consumers are encouraged to review these terms before completing a purchase.

22. Changes to the Terms

22.1 We may modify these Terms from time to time. The updated version will be posted with a new effective date.

22.2 If changes materially adversely affect your rights, we will use reasonable efforts to provide notice through the Service or by email.

22.3 Continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms.

23. Governing Law and Jurisdiction

23.1 These Terms and any non-contractual disputes arising out of or in connection with them are governed by substantive Swiss law, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

23.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Zug, Switzerland, unless mandatory law provides otherwise.

24. Miscellaneous

24.1 These Terms constitute the entire agreement between you and us regarding the Service, except for any signed order form, enterprise agreement, or DPA.

24.2 If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

24.3 Our failure to enforce any provision is not a waiver.

24.4 You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of assets.

24.5 Notices to us must be sent to legal@haustour.ch. We may send notices to the email associated with your account.

25. Confidentiality

25.1 Each party may receive non-public information from the other party in connection with the Service (“Confidential Information”), including unpublished listings, pricing strategies, branding assets, business plans, and technical configurations.

25.2 Each party shall protect Confidential Information with at least the same degree of care it uses for its own confidential information, and shall not disclose it to third parties except: (a) to employees, contractors, or subprocessors who need access to perform obligations under these Terms and who are bound by equivalent confidentiality obligations; (b) as required by law, regulation, or court order; or (c) with the disclosing party’s prior written consent.

25.3 Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without reference to Confidential Information; or (d) is received from a third party without restriction.

26. Export Control and Sanctions

26.1 You represent that you are not located in, organised under the laws of, or a resident of any country or territory subject to comprehensive sanctions, and that you are not listed on any applicable sanctions or restricted-party list.

26.2 You shall not use the Service in violation of applicable export control, sanctions, or trade compliance laws, including those of Switzerland, the European Union, and the United States.