Effective date: July 1, 2026 · Last updated: July 1, 2026
These Terms & Conditions (“Terms”) govern all services provided by Apex Collective Studio (“Apex,” “we,” “us”), based in New Jersey, to any client, customer, agent, or brokerage (“Client,” “you”). By purchasing, subscribing to, or using any Apex service, you agree to these Terms in full. If you do not agree, do not use our services.
1. Services
Apex produces cinematic 4K real-estate marketing videos (“Reels”) and related visual assets created from photographs and materials the Client supplies. Apex does not visit properties, operate drones, or perform new photography unless separately agreed in writing. Apex is a marketing production studio only — not a real-estate broker, agent, appraiser, or advisor.
2. Packages & Pricing
Single-Listing Pilot — $297: one Reel produced from one listing’s photos. Monthly Subscription — $597/month: up to ten (10) Reels per calendar month.
Per-Reel scope: each Reel is crafted from up to ten (10) of your best listing photos, hand-curated by Apex into a cinematic walk-through of approximately 30–45 seconds. You may submit more than ten photos; Apex, in its sole creative discretion, selects the strongest images for the final cut. A Reel will not exceed twelve (12) source images. Longer videos, extra images, rush delivery, or custom formats are available as separate paid add-ons quoted in advance.
Revisions: each Reel includes one (1) round of reasonable revisions; additional revisions are billed at Apex’s then-current rate. Prices are in U.S. dollars and may change on 30 days’ notice, not affecting the current paid cycle.
3. Billing, Renewal & Cancellation
Subscriptions bill in advance and auto-renew monthly until cancelled. You may cancel anytime before your next renewal date; cancellation stops future billing. Fees already paid are non-refundable except as stated in Section 4. Unused Reels do not roll over and have no cash value. For late or failed payments, Apex may pause services and charge a late fee of 1.5% per month (or the maximum allowed by New Jersey law, whichever is less) on past-due amounts.
4. Pilot Satisfaction Guarantee (Limited)
For the $297 Single-Listing Pilot only: if, after one (1) revision round, you are not satisfied that the finished Reel meets a professional cinematic standard, Apex will refund the pilot fee. This guarantee (a) applies solely to the one-time pilot, not to subscription Reels; (b) is limited to a refund of the pilot fee actually paid and no other damages; (c) requires written notice within seven (7) days of delivery; and (d) does not apply where dissatisfaction results from poor-quality, low-resolution, or insufficient source photos you supplied.
5. Client Materials & Photo Rights
You are solely responsible for all photos, text, logos, and materials you provide (“Client Materials”). You represent and warrant that you own, or hold a valid license granting you full rights to use and authorize third-party editing of, every photo and material you submit — including any rights held by the listing photographer, MLS, brokerage, or property owner. You grant Apex a license to reproduce, edit, animate, and incorporate the Client Materials into the Reels to provide the services.
You agree to indemnify, defend, and hold Apex harmless from any claim, demand, loss, or liability (including reasonable attorneys’ fees) arising from the Client Materials, including any claim of copyright infringement or that photos were used without proper rights. Apex is not responsible for verifying your rights in submitted materials and may decline or remove any material at its discretion.
6. Intellectual Property & License
Upon full payment, Apex grants you a non-exclusive, perpetual license to use the delivered Reels for your own real-estate marketing. Apex retains all ownership of its processes, templates, presets, project files, and branding. Apex may display finished Reels and before/after stills in its portfolio and marketing, with street addresses removed, unless you opt out in writing.
7. AI-Assisted Production & Disclosure
Reels are produced using AI-assisted enhancement, upscaling, and motion tools applied to your existing photos. Apex enhances real listing photos; it does not fabricate rooms, features, or conditions that do not exist in the source images. You are responsible for using the finished Reel in compliance with all applicable advertising, MLS, and real-estate disclosure rules, including any requirement to disclose digitally enhanced or AI-assisted media.
8. Turnaround & Delivery
Apex targets reasonable delivery timelines communicated at order. Timelines depend on timely, complete, usable Client Materials. Delays caused by the Client (late materials or feedback) extend delivery accordingly and do not entitle you to a refund.
9. No Guarantee of Results
Apex provides marketing production only and does not guarantee any specific views, leads, showings, offers, sales, or business outcome. Real-estate results depend on many factors outside Apex’s control.
10. Limitation of Liability
To the fullest extent permitted by New Jersey law: Apex’s total liability for any claim is limited to the amount you actually paid Apex for the specific service giving rise to the claim in the one (1) month preceding it. Apex is not liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, business, or data, even if advised of the possibility. Services are provided “AS IS” and “AS AVAILABLE” without warranties except as expressly stated here.
11. Indemnification
You agree to indemnify, defend, and hold harmless Apex and its owner from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your Client Materials, your use of the delivered Reels, your violation of these Terms, or your violation of any law or third-party right.
12. Confidentiality
Each party will protect the other’s non-public business information shared in connection with the services and use it only to perform or receive the services.
13. Term & Termination
Apex may suspend or terminate services immediately for non-payment, breach, submission of infringing or unlawful materials, or abusive conduct. Sections 5, 6, 10, 11, and 15 survive termination.
14. Force Majeure
Apex is not liable for delays or failures caused by events beyond its reasonable control, including outages, third-party AI or software failures, acts of God, or emergencies.
15. Governing Law & Dispute Resolution (Binding Arbitration)
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the services shall be resolved by final and binding arbitration on an individual basis in New Jersey, and not in court — except that either party may bring an individual claim in small-claims court. You and Apex each waive any right to a jury trial and any right to participate in a class, collective, or representative action. If the class-action waiver is found unenforceable, the remainder of this section still applies and the dispute proceeds in New Jersey courts.
16. Changes to These Terms
Apex may update these Terms by posting a revised version with a new “Last updated” date. Continued use of the services after changes constitutes acceptance.
17. Entire Agreement & Severability
These Terms are the entire agreement regarding the services and supersede prior discussions. If any provision is held unenforceable, the rest remains in effect.
18. Contact
Questions about these Terms: josh@apexcollectivestudio.com · Apex Collective Studio, New Jersey.
By purchasing or using Apex services, you acknowledge that you have read, understood, and agree to these Terms & Conditions.