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Terms & Conditions

Introduction

These Terms of Service, together with any documents incorporated by reference (collectively, the “Agreement”), constitute a legally binding agreement between Eleglyph, LLC, a Montana limited liability company, doing business as “Eleglyph Real Estate Visuals” (collectively referred to herein as “Eleglyph,” “Company,” “we,” “our,” or “us”), and you (“you,” “your,” or “User”).

 

This Agreement governs your access to and use of www.Eleglyph.com (the “Website”), including all content, software, media, deliverables, digital downloads, virtual tours, floor plans, photographs, videos, aerial drone services, artificial intelligence (“AI”) services, voice-over services, and any other products or services offered by the Company (collectively, the “Services”), whether you access the Website as a guest, create an account, submit an inquiry, place an order, or purchase Services.

 

Please read this Agreement carefully before accessing the Website or ordering any Services. By accessing the Website, creating an account, submitting an order, purchasing Services, or clicking “I Agree” where available, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement and our Privacy Policy, which is incorporated herein by reference.

 

If you do not agree to these Terms of Service, you must immediately discontinue your use of the Website and Services.

 

Eleglyph reserves the right to revise, modify, or update this Agreement at any time. Any changes will become effective immediately upon posting to the Website unless otherwise stated. Your continued access to or use of the Website or Services following any revisions constitutes your acceptance of the updated Agreement.

 

1. Eligibility

By using the Website or Services, you represent and warrant that:

  • You are at least eighteen (18) years of age or otherwise possess the legal capacity to enter into a binding agreement.

  • All information you provide is accurate and complete.

  • You will comply with this Agreement and all applicable laws and regulations.

 

If you are accepting this Agreement on behalf of a business, brokerage, property owner, or other legal entity, you represent that you have full authority to bind that entity to these Terms. In such cases, references to “you” include both you and the entity you represent.

 

2. Privacy Policy

Your privacy is important to us.

 

Our collection, use, storage, and protection of personal information are governed by our Privacy Policy, which is incorporated into this Agreement by reference.

 

By using the Website or Services, you consent to the collection and use of your information as described in our Privacy Policy.

 

3. Website, Services & Electronic Communications

the Company reserves the right to modify, suspend, discontinue, or remove any portion of the Website or Services at any time without prior notice.

 

Although we strive to keep the Website available at all times, uninterrupted access cannot be guaranteed. We are not responsible for interruptions caused by maintenance, technical failures, internet outages, cyberattacks, or events beyond our reasonable control.

 

To protect the security and integrity of our systems, we may restrict or block access from certain users, devices, geographic regions, or IP addresses.

 

By creating an account, placing an order, or using our Services, you consent to receive communications electronically, including:

  • order confirmations;

  • invoices;

  • appointment reminders;

  • scheduling updates;

  • SMS notifications;

  • service announcements;

  • legal notices; and

  • other communications relating to your account or Services.

 

Electronic communications satisfy any legal requirement that such communications be in writing.

 

Descriptions of our Services, packages, pricing, and add-ons are available on the Website and may change without notice.

 

Eleglyph reserves the right to use employees, independent contractors, FAA-certified remote pilots, editors, or qualified third-party service providers to perform any portion of the Services.

 

4. Access Responsibilities

You are responsible for obtaining the equipment, software, internet access, and devices necessary to use the Website.

 

You are also responsible for ensuring that anyone accessing the Website through your internet connection complies with this Agreement.

 

5. Accuracy of Information

You agree that all information submitted to the Company, including account information, billing information, scheduling requests, property details, and contact information, will be accurate, complete, and kept current.

 

The Company is not responsible for delays, scheduling issues, or failed communications resulting from inaccurate or outdated information provided by you.

 

6. Account Security

If you create an account or receive login credentials, you are responsible for maintaining the confidentiality of your username, password, PIN, or other security credentials.

 

You agree to:

  • keep your login credentials confidential;

  • not share your account with any other person;

  • immediately notify the Company of unauthorized access or suspected security breaches; and

  • log out of your account after each session when using a shared or public device.

 

The Company reserves the right to suspend or terminate any account that violates this Agreement or is believed to compromise the security of the Website.

 

7. Client Cooperation

You agree to provide all information, approvals, access, and reasonable cooperation necessary for the Company to perform the requested Services.

 

Delays caused by incomplete information, denied property access, failure to obtain required approvals, or lack of client cooperation may result in additional charges, rescheduling fees, or cancellation.

 

8. Compliance

You agree to comply with:

  • these Terms of Service;

  • our Privacy Policy;

  • all payment obligations;

  • any written estimates, proposals, or service agreements;

  • any non-disclosure or confidentiality agreements between you and the Company; and

  • all applicable federal, state, and local laws.

 

9. Ordering Services

Services may be ordered through the Website or by another method approved by the Company.

 

Descriptions of services, pricing, packages, and optional add-ons are provided on the Website and are subject to change without notice. Some services, including drone operations, AI enhancements, virtual staging, object removal, voice-over recording, virtual tours, and floor plans may be subject to additional service-specific terms.

 

10. Scheduling

After an order is placed, appointments may be scheduled online or coordinated by email, telephone, or SMS.

 

Clients are responsible for ensuring that all contact information remains accurate.

The Company is not responsible for scheduling delays resulting from incorrect contact information or inability to reach the client.

 

Scheduled appointment times are approximate and may be affected by weather, travel conditions, previous appointments, traffic delays, FAA airspace restrictions, or other unforeseen circumstances.

 

11. Property Preparation

The property owner, listing agent, or authorized representative is solely responsible for ensuring the property is clean, staged, accessible, and ready for photography upon our arrival.

 

Eleglyph is not responsible for:

  • cleaning;

  • staging;

  • organizing personal belongings;

  • landscaping;

  • snow removal;

  • moving furniture;

  • removing vehicles; or

  • preparing the property for photography.

 

Unless otherwise agreed in writing, the property will be photographed in its condition upon arrival.

 

Our photographers may make minor adjustments such as opening blinds, turning lights on or off, or repositioning small decorative items solely to improve image quality.

 

If the property owner or listing agent is not present and no specific instructions have been provided, image selection and composition will be determined at the photographer’s professional discretion.

 

12. Property Access

Unless otherwise arranged, the property owner, occupant, lockbox access, or an authorized representative must provide access to the property at the scheduled appointment time.

 

If the property cannot be accessed, the Company may assess applicable cancellation, travel, waiting time, or rescheduling fees.

 

For the safety of our staff, we reserve the right to discontinue Services if hazardous conditions, aggressive animals, unsafe structures, criminal activity, or other dangerous circumstances are present.

 

13. Weather, Drone Operations & FAA Compliance

Photography sessions may be postponed or rescheduled due to severe weather or unsafe conditions.

 

Drone operations are conducted only when permitted by:

  • Federal Aviation Administration (FAA) regulations;

  • temporary flight restrictions;

  • controlled airspace authorizations;

  • weather conditions;

  • visibility requirements; and

  • pilot safety determinations.

 

All drone operations are performed by FAA Part 107 Certified Remote Pilots.

 

If aerial services cannot be legally or safely completed, Eleglyph may:

 

reschedule the drone portion of the appointment;

  • substitute ground-based photography when appropriate; or

  • issue a refund for any drone services that cannot be completed.

  • Weather-related delays do not constitute a breach of this Agreement.

 

14. Delivery of Media

Unless otherwise stated, completed media is typically delivered within one (1) to three (3) business day following the scheduled appointment. Delivery times may vary due to editing requirements, weather delays, technical issues, holidays, unusually high order volume, or circumstances beyond our reasonable control.

 

Completed photographs, videos, floor plans, virtual tours, and other deliverables (“Deliverables”) will be made available electronically through the client portal or via email. Clients are responsible for ensuring that their email address is accurate and capable of receiving electronic communications.

 

If delivery cannot be completed due to an incorrect email address or technical issue outside our control, the Company will make reasonable efforts to resend the Deliverables upon request.

 

No refunds will be issued if a property is sold, withdrawn from the market, or otherwise becomes unavailable after photography has been completed but before the Deliverables are accessed or published.

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15. Online Display & Marketing

Unless you instruct us otherwise in writing before Services are performed, you acknowledge and agree that Deliverables may be displayed online for the purpose of marketing the property.

 

This may include publication through:

  • Multiple Listing Services (MLS);

  • real estate brokerage websites;

  • third-party real estate portals;

  • virtual tour platforms;

  • social media platforms;

  • property websites; and

  • other marketing channels selected by you or your brokerage.

 

If property descriptions, agent information, brokerage branding, or contact information accompany the listing, that information may also become publicly visible.

 

Unless otherwise agreed in writing, the Company reserves the right to use completed Deliverables for its own portfolio, website, advertising, social media, marketing materials, competitions, and promotional purposes. Clients requesting that media not be used for promotional purposes must notify the Company in writing before the scheduled appointment.

 

16. Term & Termination

This Agreement remains in effect for as long as you access the Website, maintain an account, or use any Services or Deliverables.

 

Eleglyph may suspend, restrict, or terminate your account or access to the Website at any time if you:

  • violate this Agreement;

  • fail to pay amounts owed;

  • misuse the Website or Deliverables;

  • engage in unlawful activity; or

  • create a security risk for the Company or its users.

 

You may terminate your account at any time by:

  • using the account management tools available through the Website;

  • emailing support@Eleglyph.com; or

  • submitting written notice to:

 

Eleglyph, LLC dba Eleglyph Real Estate Visuals
208 N. 29th Street, Suite 201
PMB 17365084
Billings, MT 59101

 

Termination does not eliminate any outstanding payment obligations. The provisions relating to intellectual property, licensing, confidentiality, payment obligations, indemnification, limitations of liability, and governing law survive termination.

 

17. Fees & Payment

You agree to pay all fees applicable to the Services selected at the prices in effect when your order is placed unless otherwise agreed in writing.

 

The Company may require a deposit of up to fifty percent (50%) of the estimated service fees to reserve and confirm an appointment. Any required deposit amount will be communicated to the client at the time of booking and must be paid before the appointment is considered confirmed. Appointment availability is not guaranteed until any required deposit has been received.

 

Unless otherwise stated in writing, all remaining balances and applicable fees are due prior to delivery of final media or as otherwise specified. Services may be postponed, withheld, or declined if required payments are not received when due.

Pricing may vary based on:

  • residential or commercial properties;

  • property size;

  • travel distance;

  • requested turnaround time;

  • optional add-on services; and

  • custom projects.

 

Additional charges may apply for services, upgrades, add-ons, special requests, changes to the original scope of work, extended services requested on-site, additional editing, reshoots, or any other modifications requested by the client after the original order has been placed. Any such additional fees will be communicated to the client and may be charged to the payment method on file.

 

If pricing is unavailable on the Website, you are responsible for requesting a written estimate before Services are performed.

 

All invoices are payable in U.S. Dollars.

 

Applicable taxes, governmental fees, and other legally required charges are the responsibility of the client.

 

The Company reserves the right to modify pricing at any time. Price changes do not affect previously confirmed orders unless the scope of work changes.

 

18. Late Payments

Invoices not paid by their due date may accrue interest at the lesser of:

 

1.5% per month; or

the maximum rate permitted by applicable law.

 

Clients are responsible for all reasonable costs incurred in collecting overdue balances, including collection costs, court costs, and reasonable attorney’s fees where permitted by law.

 

The Company reserves the right to:

  • suspend future appointments;

  • withhold delivery of media;

  • revoke licensing rights;

  • suspend account access; or

  • decline future Services

 

until all outstanding balances have been paid in full.

 

19. Billing & Payment Methods

Unless otherwise agreed in writing, payment obligations may be collected through electronic invoicing, online payment processing, or other approved payment methods established through your client account.

You authorize the Company to charge your selected payment method for:

  • Services ordered;

  • required deposits;

  • approved upgrades;

  • travel fees;

  • cancellation fees;

  • rescheduling fees;

  • additional editing;

  • reshoots; and

  • other charges authorized under this Agreement.

 

Services may be delayed, rescheduled, or declined if valid payment information is not provided or required payments have not been received.

​

20. Payment Authorization

By placing an order, you represent and warrant that:

  • you are authorized to use the selected payment method;

  • all billing information provided is accurate;

  • sufficient funds are available to complete the transaction; and

  • you authorize the Company and its payment processor to process all authorized charges related to your order.

 

If payment cannot be successfully processed, you agree to promptly provide an alternative payment method.

​

21. Payment Information Security

Payment information is processed through secure third-party payment providers.

 

The Company may retain limited billing information necessary to process future transactions, recurring services, or outstanding balances.

 

While commercially reasonable safeguards are used to protect payment information, no electronic system can guarantee absolute security. The Company is not responsible for unauthorized access resulting from events beyond its reasonable control.

 

22. Additional Charges

Additional fees may apply for circumstances including, but not limited to:

  • travel beyond the included service area;

  • excessive waiting time;

  • property inaccessibility;

  • rescheduling;

  • cancellations;

  • return trips;

  • additional editing;

  • expedited delivery;

  • custom requests; or

 

Services requested after the original order has been placed.

Any applicable additional charges will be disclosed whenever reasonably practical.

 

23. Cancellations & Rescheduling

Appointments may be cancelled or rescheduled without charge if notice is received before 5:00 p.m. local time on the business day preceding the scheduled appointment.

 

Cancellations received after that time may incur a cancellation fee equal to 25% of the total order, excluding discounts and travel fees.

 

If cancellation occurs after our photographer has arrived at the property, the client will be responsible for:

  • any applicable travel fee; and

  • any additional onsite cancellation charges incurred under this Agreement.

 

Once photography or other Services have been completed, no cancellations or refunds will be issued.

 

Weather-related rescheduling initiated by the Company will not incur cancellation fees.

 

24. Travel Fees

Travel is included for properties located within 25 miles of Billings or Bozeman.

Properties located beyond the 25-mile service radius will incur a travel fee. Travel fees are calculated at the time of booking based on the property’s location and may be charged as part of the initial invoice or appointment reservation.

​

For properties located more than 60 miles from the Company primary service hubs, a negotiated flat travel fee may apply to accommodate the additional travel time and expenses required.

​

Unless otherwise agreed in writing, travel fees are calculated using the current IRS standard business mileage rate in effect on the date Services are performed, based on the total round-trip distance. the Company reserves the right to adjust the final travel fee if the actual travel distance differs from the original booking estimate.

 

25. Confidential Information

During the course of providing Services, either party may disclose confidential or proprietary information (“Confidential Information”).

 

Each party agrees to protect Confidential Information using reasonable care and to use such information solely for purposes of performing this Agreement.

 

Confidential Information does not include information that:

  • becomes publicly available through no fault of the receiving party;

  • was already lawfully known;

  • is independently developed without reference to the confidential information; or

  • is lawfully obtained from another source without confidentiality restrictions.

 

26. Confidentiality Obligations

Each receiving party agrees to:

  • protect Confidential Information from unauthorized disclosure;

  • use Confidential Information only as necessary to perform this Agreement; and

  • disclose Confidential Information only to employees, contractors, or professional advisors who require access and are bound by confidentiality obligations.

 

27. Required Legal Disclosure

If disclosure of Confidential Information is required by law, subpoena, court order, or governmental authority, the receiving party will provide prompt notice whenever legally permitted and will disclose only the information legally required.

 

28. Intellectual Property

All content available through the Website and all Services, including photographs, videos, floor plans, virtual tours, drone imagery, graphics, text, logos, branding, software, designs, AI-generated media, and other creative works, remain the exclusive intellectual property of the Company.

 

Nothing contained in this Agreement transfers ownership of any intellectual property rights to the client.

 

All rights not expressly granted are reserved by the Company.

 

29. Copyright & Limited License

All Deliverables remain the sole property and copyrighted work of Eleglyph Real Estate Visuals.

 

Upon full payment of all invoices, the Company grants the client a limited, non-exclusive, non-transferable, non-sublicensable license to use the Deliverables solely to market the specific property for which the Services were purchased.

 

This license automatically terminates when:

  • the property is sold;

  • the listing expires;

  • the listing is withdrawn;

  • ownership changes; or

  • the property is no longer actively marketed.

 

The Deliverables may be submitted to your MLS and syndicated through participating real estate marketing platforms solely in connection with that listing.

 

The license does not permit:

  • resale of the media;

  • transfer to another property;

  • use for rental listings unrelated to the original listing;

  • stock photography use;

  • commercial advertising unrelated to the property;

  • AI model training;

  • watermark removal;

  • editing by third parties without written permission; or

  • any use inconsistent with this Agreement.

 

Additional licensing rights may be purchased through a separate written agreement.

 

30. Community & Stock Images

Community photographs, neighborhood images, aerial stock photography, and other stock media licensed by the Company may be used only for marketing the specific property for which they were purchased.

 

These images may not be:

  • copied;

  • resold;

  • reused for another property;

  • incorporated into another listing;

  • transferred to another client; or

  • used for any commercial purpose unrelated to the original listing without the prior written permission of the Company.

 

31. Permitted Use

Subject to this Agreement, the Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website and Services solely for their intended purpose and in accordance with these Terms.

Except as expressly authorized by this Agreement or with the Company’s prior written consent, you may not:

  • reproduce, copy, duplicate, modify, adapt, or create derivative works from any Website content or Deliverables;

  • download, archive, distribute, sublicense, sell, lease, assign, or otherwise transfer any Deliverables or other intellectual property;

  • use any Deliverable for a property other than the property for which it was created;

  • remove, alter, or obscure any copyright, trademark, watermark, metadata, or proprietary notice;

  • use Deliverables for artificial intelligence training, machine learning, image generation, or dataset development;

  • permit third parties to edit, manipulate, or commercially exploit Deliverables without written authorization from the Company; or

  • use the Website or Deliverables in any manner inconsistent with this Agreement.

 

Nothing contained in this Agreement transfers ownership of any intellectual property to you.

 

32. Prohibited Uses

You agree to use the Website and Services only for lawful purposes.

You may not:

  • violate any applicable federal, state, local, or international law or regulation;

  • engage in fraudulent, deceptive, misleading, defamatory, obscene, or unlawful conduct;

  • impersonate the Company, its employees, contractors, clients, or other users;

  • interfere with another user’s access to the Website;

  • share your account credentials or allow unauthorized access to your account;

  • use the Website to transmit spam, malware, ransomware, viruses, worms, Trojan horses, or other malicious code;

  • probe, scan, penetrate, or test the security of the Website or connected systems;

  • attempt unauthorized access to servers, databases, accounts, or networks;

  • reverse engineer, decompile, or disassemble any portion of the Website;

  • scrape, harvest, crawl, index, or collect Website content using bots, spiders, AI agents, automated scripts, or similar technologies;

  • perform denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks;

  • interfere with the operation, availability, or security of the Website; or

  • use the Website or Deliverables in any manner that could reasonably harm the Company, its clients, or its business.

 

Violation of this section may result in immediate suspension or termination of your account and may subject you to civil or criminal liability.

 

33. Third-Party Websites

The Website may contain links to third-party websites, applications, products, or services for your convenience. The Company does not own or control these third-party services and makes no representations regarding their content, availability, security, privacy practices, or accuracy.

 

Your use of any third-party website is solely at your own risk and subject to the terms and privacy policies of that third party.

 

34. Social Media & Sharing

The Website may provide features that allow you to share links or content through social media or other online platforms.

 

Any sharing must:

  • accurately represent the associated property;

  • comply with this Agreement;

  • preserve all copyright and ownership notices; and

  • not suggest any endorsement by the Company beyond the Services actually provided.

 

You may not:

  • frame or mirror any portion of the Website;

  • deep link to restricted content;

  • embed Website content on another website without authorization;

  • remove watermarks or branding; or

  • modify Deliverables before publishing unless authorized under your license.

 

The Company reserves the right to revoke sharing permissions or disable social sharing functionality at any time.

 

35. Website Changes

The Company continually improves its Website and Services.

 

Accordingly, we reserve the right to:

  • modify, update, or remove Website content;

  • discontinue products or Services;

  • introduce new features;

  • correct pricing or typographical errors;

  • suspend portions of the Website; or

  • discontinue the Website entirely,

 

at any time and without prior notice.

 

Although we strive for accuracy, we do not guarantee that all Website content is complete, current, or error-free.

 

36. Customer Conduct

We are committed to providing professional customer service and expect the same professionalism from our clients.

 

When communicating with the Company employees, photographers, editors, contractors, or customer support personnel, you agree to refrain from abusive, threatening, discriminatory, harassing, obscene, or otherwise inappropriate conduct.

 

The Company reserves the right to terminate Services, refuse future appointments, or suspend your account if your conduct threatens the safety, well-being, or professional working environment of our personnel.

 

37. Disclaimer of Warranties

THE WEBSITE, SERVICES, AND DELIVERABLES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEGYPH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION:

  • MERCHANTABILITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • NON-INFRINGEMENT;

  • TITLE;

  • ACCURACY;

  • COMPLETENESS;

  • AVAILABILITY; AND

  • UNINTERRUPTED OR ERROR-FREE OPERATION.

 

The Company does not warrant that:

  • the Website will always be available;

  • Services will be uninterrupted;

  • files will always be free from viruses or malware;

  • Deliverables will satisfy every subjective expectation; or

  • use of the Website will produce any specific business result, increase in sales, or marketing outcome.

 

While we strive to provide high-quality photography and media services, no guarantee is made regarding listing performance, property sales, lead generation, or marketing effectiveness.

 

 

38. Regulatory Compliance

Certain Services, including aerial drone photography and videography, are subject to federal aviation regulations and other governmental requirements.

 

All drone operations are conducted in accordance with applicable FAA regulations and any required airspace authorizations.

 

The Company reserves the right to modify, postpone, substitute, or cancel any Service if required due to:

 

  • FAA restrictions;

  • Temporary Flight Restrictions (TFRs);

  • controlled airspace limitations;

  • weather conditions;

  • safety concerns;

  • equipment failure;

  • governmental orders; or

  • other circumstances beyond our reasonable control.

 

Cancellation under these circumstances shall not constitute a breach of this Agreement.

 

39. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR DIMINUTION OF PROPERTY VALUE, ARISING FROM OR RELATED TO THE WEBSITE, SERVICES, OR DELIVERABLES, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

 

THIS LIMITATION APPLIES EVEN IF ELEGYPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

WITHOUT LIMITING THE FOREGOING, ELEGYPH IS NOT RESPONSIBLE FOR DAMAGES RESULTING FROM:

  • internet outages;

  • cyberattacks;

  • viruses or malicious software;

  • third-party hosting failures;

  • email delivery failures;

  • unauthorized access to user accounts;

  • acts or omissions of third-party vendors;

  • MLS or brokerage syndication errors;

  • changes to real estate listing platforms; or

  • delays caused by weather, governmental action, or other circumstances beyond our reasonable control.

 

40. Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEGYPH’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.

THE LIMITATIONS SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED AND SURVIVE TERMINATION OF THIS AGREEMENT.

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41. Dispute Resolution & Governing Law

The Company and you agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Website, Services, Deliverables, or the relationship between the parties shall first be addressed through good-faith discussions between the parties.

 

If the parties are unable to resolve the dispute through informal discussions, either party may pursue available legal remedies as provided below.

 

This Agreement, and any dispute arising from or relating to it, shall be governed by and interpreted under the laws of the State of Montana, without regard to conflict-of-law principles.

 

You expressly agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Yellowstone County, Montana, and you consent to the jurisdiction and venue of such courts.

 

The prevailing party in any legal proceeding arising from this Agreement may be entitled to recover reasonable costs and expenses, including attorneys’ fees, court costs, and other expenses incurred in connection with such proceeding, to the extent permitted by applicable law.

 

Any claim or cause of action arising out of or relating to this Agreement, the Website, Services, or Deliverables must be commenced within one (1) year after the claim arises. Any claim not brought within that period shall be permanently barred to the fullest extent permitted by law.

 

42. Indemnification

You agree to defend, indemnify, and hold harmless Eleglyph, LLC, including its owners, officers, employees, contractors, agents, affiliates, and representatives, from and against any claims, damages, liabilities, losses, expenses, judgments, penalties, and costs, including reasonable attorneys’ fees, arising out of or related to:

  • your use or misuse of the Website, Services, or Deliverables;

  • your violation of this Agreement;

  • your violation of any applicable law or regulation;

  • your unauthorized use, distribution, modification, or publication of Deliverables;

  • information, instructions, or materials provided by you; or

  • claims arising from your ownership, listing, marketing, or representation of a property.

 

The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully with such defense.

 

43. No Third-Party Beneficiaries

Except as expressly stated in this Agreement, nothing contained herein is intended to create any rights, benefits, claims, or remedies for any third party.

 

Only you and the Company are parties to this Agreement.

 

44. General Provisions

A. Force Majeure

Eleglyph shall not be responsible for any delay, interruption, suspension, or failure to perform Services caused by circumstances beyond its reasonable control, including but not limited to:

  • severe weather;

  • natural disasters;

  • wildfire;

  • flood;

  • earthquake;

  • pandemic;

  • government restrictions;

  • FAA restrictions;

  • changes in airspace regulations;

  • war;

  • terrorism;

  • civil unrest;

  • internet outages;

  • telecommunications failures;

  • power outages;

  • equipment failures;

  • supply shortages; or

  • third-party service interruptions.

 

If a force majeure event continues for an extended period, Eleglyph may reschedule affected Services or terminate the affected portion of the Services without liability.

 

B. Assignment

You may not assign, transfer, or delegate your rights or obligations under this Agreement without prior written consent from the Company.

 

Any attempted assignment without consent shall be void.

 

the Company may assign this Agreement, or any rights and obligations under it, in connection with a merger, acquisition, sale of assets, business transfer, or other corporate transaction.

 

C. Waiver

A failure or delay by either party to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision.

 

Any waiver must be made in writing and signed by the party granting the waiver.

 

D. Modification

The Company may update or modify these Terms of Service as described in this Agreement.

 

Except as expressly permitted herein, no modification, amendment, or waiver of this Agreement shall be effective unless made in writing.

 

E. Independent Contractor Relationship

Eleglyph and you are independent contractors.

 

Nothing in this Agreement creates or shall be interpreted as creating:

  • an employer-employee relationship;

  • partnership;

  • joint venture;

  • franchise;

  • agency relationship; or

  • fiduciary relationship.

 

The Company maintains sole discretion regarding how Services are performed, including the selection of equipment, personnel, contractors, methods, and workflow.

 

F. Entire Agreement

This Agreement, together with all referenced policies and written service agreements, constitutes the complete and entire agreement between you and the Company regarding the Website and Services.

 

This Agreement supersedes all prior discussions, representations, understandings, or agreements relating to the same subject matter.

 

G. Severability

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be modified only to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

 

 

45. Contact Information

If you have questions regarding these Terms of Service, Services, privacy matters, or other business inquiries, please contact:

 

Eleglyph, LLC dba Eleglyph Real Estate Visuals
208 N. 29th Street, Suite 201
PMB 17365084
Billings, MT 59101

 

Email: support@Eleglyph.com
 

Phone: (406) 299-1814

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