Terms of Service

Effective Date: November 19, 2025

Welcome to Vistafy.ai. By accessing or using our website and services, you agree to be bound by these Terms of Service and our Privacy Policy.

1. Acceptance of Terms

By creating an account or using Vistafy.ai, you agree to comply with these terms. If you do not agree, you may not use our services.

2. Description of Service

Vistafy.ai provides AI-powered architectural visualization tools and related functionality. We may modify, suspend, or discontinue any part of the service at any time.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

4. User Content and Output

You retain ownership of the content you upload (Input) and the AI-generated results you receive (Output), subject to third-party rights and applicable law. By using our service, you grant us a worldwide, non-exclusive license to process, store, transmit, display, and otherwise use Input and Output solely to provide and improve the service. You are solely responsible for Input and Output, including how you use, share, publish, or rely on Output.

5. Acceptable Use

You agree not to use the service for any illegal purpose or to generate content that is harmful, offensive, or violates the rights of others.

6. Payment and Billing

Paid services are billed according to the pricing plan you select. All payments are non-refundable unless otherwise required by law.

7. Accuracy, Scale, and Design Integrity Disclaimer

• The services and Output are for illustrative, conceptual, and visualization purposes only. Output is not to scale and may be inaccurate or incomplete.
• We do not warrant, represent, or guarantee any accuracy of perspective, ratios, scale, dimensions, geometry, materials, lighting, annotations, or metadata. Any apparent measurements or proportional relationships in Output are approximations and may be wrong.
• The models may add, remove, recompose, or otherwise alter elements of your design (including structural, egress, MEP, life-safety, accessibility, or code-relevant features). You are solely responsible for identifying, reviewing, and accounting for such changes.
• Output is not construction documentation, not a survey, not an as-built, not an engineered drawing, and not suitable for permitting, fabrication, or fabrication-ready detailing.

8. No Professional Advice

Vistafy.ai is not an architect, engineer, surveyor, or other licensed professional. The services and Output do not constitute professional advice or services. You are solely responsible for engaging qualified professionals and verifying all information before use in any real-world application.

9. Safety, Compliance, and High-Risk Use

• Do not use Output as the sole basis for design, structural, life-safety, accessibility, or code compliance decisions.
• You are solely responsible for compliance with all laws, codes, standards, permits, and professional requirements that apply to your project and jurisdiction.
• The services are not designed for high-risk environments. You assume all risk for such uses.

10. Your Review Obligation and Assumption of Risk

You must independently review, verify, and validate all Output for accuracy, suitability, and compliance before relying on it. You use the services and Output at your sole risk.

11. Account Credits (Prepaid Balance)

• Definitions. “Account Credits,” “Credits,” “Prepaid Balance,” or “Wallet Balance” (collectively, Credits) are a limited, revocable, non-transferable right to access and use eligible features of the services. Credits are not legal tender, not a stored-value instrument, not e-money, not a gift card or gift certificate, and have no cash value.
• Purchase; Application. Credits are added to your account when purchased or otherwise granted and may be automatically applied to eligible usage. We may set or change conversion rates, pricing, and eligible uses at any time.
• Non-Refundable; No Cash Out. To the fullest extent permitted by New Zealand law, all Credit purchases are final and non-refundable, and Credits are not redeemable or exchangeable for cash or monetary value, cannot be withdrawn, and cannot be transferred or assigned (except within your organisation’s workspace if we enable such a feature).
• Expiration and Forfeiture. Unused Credits expire 365 days after purchase. Upon expiration, Credits are forfeited and will not be reinstated, to the fullest extent permitted by New Zealand law. Where expiry or forfeiture is restricted by applicable law (including unclaimed property or escheat rules), we will comply with that law.
• Promotional Credits. Credits provided at no charge (including trial or promotional Credits) may have additional restrictions and earlier or different expiration and are always non-refundable and not redeemable for cash.
• Fraud, Chargebacks, and Errors. We may deduct, reverse, or withhold Credits if a related payment is charged back or reversed, if Credits were obtained or used fraudulently, or to correct account errors.
• Account Status. If your account is suspended or terminated for breach, you forfeit any remaining Credits to the fullest extent permitted by New Zealand law.
• No Warranties on Value. We do not guarantee the availability, scope, or value of what Credits can purchase; the Credit programme may be modified or discontinued at any time, provided that we will comply with New Zealand law.

12. Indemnification

You will defend, indemnify, and hold harmless Vistafy.ai and its affiliates, and their directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your Input or Output; (b) your use or misuse of the services or Output; (c) your violation of these Terms or applicable law; or (d) your project decisions, designs, or deliverables, including any reliance on Output.

13. Warranty Disclaimer

To the fullest extent permitted by law, the services and Output are provided “AS IS” and “AS AVAILABLE,” with all faults. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the services or Output will be error-free, accurate, reliable, or uninterrupted.

14. Limitation of Liability

To the fullest extent permitted by law, Vistafy.ai will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; or for lost profits, revenues, goodwill, data, or use; or for the cost of substitute goods or services, in each case arising out of or relating to the services or these Terms, whether based on contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

15. Governing Law; Venue

These Terms are governed by the laws of New Zealand. You and Vistafy.ai submit to the exclusive jurisdiction of the courts of New Zealand (and the New Zealand courts of appeal) with respect to any dispute arising out of or in connection with these Terms or the services.

16. In-Trade and Consumer Rights

If you acquire the Services in trade (for the purposes of a business) you represent and warrant that you are doing so, and to the fullest extent permitted by the Consumer Guarantees Act 1993 (CGA), the provisions of the CGA do not apply. If you are a consumer, nothing in these Terms limits any rights you have that cannot be excluded under New Zealand law, including under the Fair Trading Act 1986 and the CGA.

17. Export Controls and Sanctions

You must comply with all applicable export control, sanctions, and anti-corruption laws, including those of New Zealand and other applicable jurisdictions. You will not use, export, re-export, or transfer the Services or Output to prohibited destinations or restricted parties. You represent that you are not a sanctioned or restricted party.

18. IP Takedown and Repeat Infringer Policy

We respect intellectual property rights. If you believe content accessible via the Services infringes your rights, notify us at matt@vistafy.ai with details sufficient to locate the material and evidence of your rights. We may remove or disable access to allegedly infringing material and may terminate repeat infringers’ accounts in appropriate circumstances.

19. Age Requirement; Suspension for Abuse

You must be at least 16 years old to use the Services. We may suspend or terminate access for violations of these Terms, abusive behavior, security risks, suspected fraud, or unlawful activity.

20. Changes to Terms

We may update these Terms. If changes are material, we will provide notice (for example, by email or in-product). Updated Terms are effective when posted unless otherwise stated.

21. Contact

For any questions regarding these terms, please contact us at matt@vistafy.ai.