Terms of Service

1. The parties

These Terms are a binding agreement between Aerial Shots Media LLC, doing business as Flyover (a Florida limited liability company; “Aerial Shots Media,” “Flyover,” the “Company,” “we,” “us”), and the individual or entity that subscribes to the Service (the “Customer,” “you”). By creating an account or paying a subscription fee, you agree to these Terms.

2. The service

Broll is a subscription service that gives you access to a curated library of 4K drone and ground-based stock footage of Florida locations. While your subscription is active and in good standing, you may browse, preview, and download clips within the limits of your chosen tier and subject to the Broll Clip License.

3. Accounts and eligibility

• You must be at least 18 years old to create an account.
• You must be a licensed real-estate agent, broker, brokerage, or a business otherwise authorized to market Florida real estate.
• Your account must be in good standing (no past-due invoices) to download clips.
• Credentials are tied to the seats in your tier. You may not share login information with anyone outside those seats, and you are responsible for any activity that occurs under your account.
• You must provide accurate, current information and keep it updated (email, billing address, brokerage affiliation).

4. Subscriptions, billing, and cadence

Broll is sold as monthly or annual subscriptions. All prices are in U.S. dollars and exclude applicable taxes.

Tiers

• Solo — $79/year or $158/month equivalent.
• Team — $249/year or $498/month equivalent.
• Brokerage — $699/year or $1,398/month equivalent.

Each tier has a daily download cap. Downloads above that cap are billed at a per-clip overage rate: $12 per clip (Solo), $10 per clip (Team), and $8 per clip (Brokerage). Overage usage is metered and added to your next invoice.

Subscriptions renew automatically at the end of each billing period using the payment method on file (processed by Stripe). If a charge fails, we may suspend downloads until payment is restored.

5. Cancellation and refunds

• You may cancel at any time from your account dashboard. Cancellation stops the next renewal; access continues through the end of the current billing period.
• Monthly subscriptions are non-refundable for partial periods.
• Annual subscriptions may be refunded within 7 days of first purchase if fewer than 10 clips have been downloaded. Prorated refunds outside the 7-day window are at our discretion and only when no downloads occurred in the refund month.
• Content you've already posted stays licensed in that post forever. For 30 days after cancellation, you may also keep using previously-downloaded clips in new posts under your own brand. After 30 days, posting new content with our footage requires re-subscription — which is instant and re-licenses everything you've already downloaded. See the License for full language.

Full refund mechanics are in the Refund Policy.

6. License grant

Subject to your active subscription and payment in good standing, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use downloaded clips in your own marketing work.

• Solo and Team tiers: use in your own brand's marketing.
• Brokerage tier: use in marketing for agents who are active members of your brokerage.

Full license terms, including permitted uses, prohibited uses, and termination of the license, are in the Broll Clip License.

7. Prohibited uses

You agree not to:

• Resell, sublicense, or redistribute raw clip files.
• Include clips in a stock library, content pack, or competing subscription.
• Produce final deliverables for third-party clients whose brand is not yours outside of the scope of your tier.
• Use bots, scripts, or other automation to bulk download clips.
• Use clips in content that is unlawful, defamatory, infringing, or that violates a person's privacy or likeness rights.
• Remove, alter, or obscure any watermark, metadata, or attribution.
• Share login credentials outside the seats in your tier.

8. Intellectual property

All clips, footage, stills, metadata, software, branding, and other content in the Service are and remain the property of Aerial Shots Media LLC (or, where applicable, our licensors). Your subscription grants a license to use clips within the scope defined above — it does not transfer any ownership. Nothing in these Terms is intended to grant rights beyond that license.

9. Watermarking and enforcement

Every clip you download carries an invisible forensic identifier embedded in the MP4 metadata that ties the file to your account. We use this identifier to audit suspected license violations.

Violations of this Agreement or the Broll Clip License may be enforced under U.S. copyright law, including the Digital Millennium Copyright Act. Statutory damages for willful infringement can reach up to $150,000 per work infringed under 17 U.S.C. § 504, in addition to attorneys' fees and injunctive relief. We reserve all remedies available at law or in equity.

10. Service availability

We provide the Service on a commercially reasonable-effort basis. Standard tiers do not include a formal uptime SLA. Planned maintenance, third-party outages (Supabase, Stripe, Cloudflare, PostHog, Resend), and unforeseen incidents may cause brief interruptions. We will make reasonable efforts to communicate scheduled maintenance in advance.

11. Termination by us

We may suspend or terminate your account with or without notice for:

• Non-payment of invoices after a reasonable cure period.
• Breach of these Terms or the Broll Clip License.
• Fraudulent use, misrepresentation, or chargeback abuse.
• Abusive behavior toward our staff or infrastructure.
• Activity that creates legal exposure for the Company.

On termination for cause, the license to use any clips you previously downloaded is revoked and you must stop using them in any new projects. Projects already delivered to end clients before termination remain licensed, consistent with the Broll Clip License.

12. Warranties and disclaimer

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement (beyond clips we filmed and own), and accuracy. We do not guarantee uninterrupted availability, that the Service will be error-free, or that any specific clip will remain in the library.

13. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of $100 or the fees paid by you in the preceding 12 months. We are not liable for indirect, consequential, incidental, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or loss of goodwill, even if we have been advised of the possibility of such damages.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, employees, and contractors from any third-party claim arising out of or related to (a) your use of the Service, (b) your breach of these Terms or the Broll Clip License, (c) end-client disputes over your deliverables, or (d) content you combine with our clips. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you.

15. Changes to these Terms

We may update these Terms from time to time. For material changes, we will notify you by email at least 14 days in advance, and post the updated version at this URL with a new version number. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

16. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Disputes shall be resolved exclusively in the state or federal courts located in Orange County, Florida, and you consent to personal jurisdiction there. Both parties waive any right to a jury trial. The parties may agree to binding arbitration in lieu of litigation on a case-by-case basis.

17. Contact

Questions about these Terms? Email flyover@aerialshots.media.