Terms of Service

1. Scope

These terms apply to the use of ListingReels, a service of Tutto Digital, Dario Tuttobene, Auf'm Kamp 3, 51381 Leverkusen, Germany ("we"). ListingReels is offered exclusively to businesses within the meaning of § 14 BGB, such as real estate agents, agencies, developers and property managers, not to consumers. By creating an account or booking a plan, the customer confirms that they act in the course of their business. We may ask for proof, for example a VAT ID or a commercial register entry. Deviating terms of the customer do not apply.

2. The service

ListingReels creates short marketing videos for properties from listing data provided by the customer (link, photos, exposé, text), using AI services for script, translation, voiceover and presenter. The customer reviews and approves the script before a video is created. We do not publish anything on the customer's behalf.

AI-generated scripts, translations and captions can contain mistakes, for example wrong figures or features that the property does not have. They are suggestions that the customer checks before publishing (see section 6).

3. Free previews

Without a paid plan, the customer can create short, watermarked previews that cannot be downloaded. Previews are free of charge and limited per day; there is no claim to them. We may change or end the free previews at any time. Previews and the material uploaded for them are deleted after 30 days.

4. Plans and credits

Paid plans include a number of credits per month as shown on the pricing page at the time of booking. One credit creates one finished video. Each language version and each additional format of a video counts as one video. Unlocking the full version of a preview uses one credit. Unused credits do not carry over to the next month. Additional videos can be bought individually at the price shown at the time of purchase.

If a video cannot be finished for technical reasons on our side, it does not count towards the monthly allowance. Changes the customer makes to an already finished video (new script, other presenter) create a new video.

5. Prices, payment and term

All prices are net plus statutory VAT where applicable. For customers in other EU member states with a valid VAT ID, the reverse charge procedure applies. Subscriptions are paid monthly in advance via Stripe. They renew automatically for one month at a time and can be cancelled at any time to the end of the current billing period in the account or by email. Plan upgrades take effect immediately; downgrades at the start of the next billing period.

If a payment fails, we may pause the creation of new videos until it has been made. We may change prices for future billing periods; we will inform the customer at least four weeks in advance by email, and the customer may cancel before the change takes effect.

6. Customer content and responsibilities

• The customer may only upload or link content they are entitled to use for marketing, in particular photos and listing texts, and only listings they are authorised to market.
• The customer checks every script, translation, caption and video for accuracy before publishing it. Information about the property, such as price, size, location and features, is the customer's responsibility, as are the information duties for property advertisements (for example the energy certificate details under § 87 GEG in Germany).
• The customer does not use ListingReels for misleading, discriminatory or unlawful content, or to advertise properties that do not exist or are not available.
• Listing material should not contain personal data of third parties, such as the names of sellers or tenants, or people recognisable in photos, unless the customer is entitled to use it.
• The customer releases us from third-party claims arising from content they provided or from their use of the videos, unless they are not responsible for the infringement.

7. Your own avatar

In plans that include it, the customer can create their own presenter ("avatar") from a photo. For this the following applies in addition:

• The photo shows the customer themselves, or a person who has agreed in writing that a talking AI avatar is created from it and used in property videos. The customer keeps this consent and shows it to us on request.
• The avatar may only be used for the customer's own property marketing. It must not be used to put statements in a person's mouth that they have not approved, to imitate other people, or for any other purpose.
• If the person shown withdraws their consent, the customer deletes the avatar without delay. It can be deleted at any time in the account; this also deletes the photo at our provider. Videos already created remain.
• We may block or delete an avatar if there are concrete indications of misuse or missing consent.
• If the plan ends or is changed to a plan without this feature, we delete the avatar and the photo within 30 days.

8. AI-generated content and labelling

Videos with an AI-generated presenter or voice are synthetic content. The customer labels them as AI-generated when publishing where the law requires it, in particular under Article 50 of the EU AI Act, and where the platform requires it (for example Instagram's "AI info" label). The presenters and voices provided by us are fictional or licensed and do not represent real employees of the customer; the customer does not present them as such.

9. Rights to the videos

The customer receives a non-exclusive, perpetual right to use the videos created for them for their own marketing purposes, including social media, websites, property portals and paid advertising. The presenters, voices and design elements provided by us may only be used within these videos. We may use videos as examples only with the customer's consent.

10. Data protection and data processing

We process personal data in accordance with our privacy policy. Where the customer provides personal data of third parties, for example photos of employees for an avatar, we process it on the customer's behalf. For this, our data processing agreement under Article 28 GDPR applies; it forms part of these terms.

11. Availability

We aim for high availability but do not owe uninterrupted service. Rendering times depend in part on third-party AI services and can be longer at busy times. We may carry out maintenance; we keep interruptions as short as possible.

12. Liability

We are liable without limitation for intent and gross negligence and for injury to life, body or health. For slight negligence we are liable only for breach of essential contractual obligations and limited to the foreseeable damage typical for this type of contract, at most the fees paid by the customer in the twelve months before the damaging event. We are not liable for the content of AI-generated scripts, translations or captions that the customer has published without checking them. Liability under the Product Liability Act remains unaffected.

13. End of the contract

After the end of the contract, the customer can still download their videos for 30 days. After that we delete the customer's videos, uploaded material and avatar, unless we are required by law to keep data longer, for example invoices.

14. Changes to these terms

We may change these terms with effect for the future. We will inform customers by email at least four weeks in advance; if the customer does not object before the changes take effect, they are deemed accepted. We will point this out in the notification. If the customer objects, either party may terminate the contract at the time the changes take effect.

15. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes is Leverkusen, Germany, provided the customer is a merchant, a legal entity under public law or a special fund under public law. Should individual provisions be invalid, the remaining provisions remain unaffected.