Terms of Service

Effective date: 2026-10-04

Last updated: 2026-10-04

These Terms of Service (the "Terms") form a binding agreement between you and Gotlan LLC, a limited liability company formed in Florida ("Gotlan," "we," "us," or "our"), the operator of the Gotlan platform at gotlan.com and related applications and services (collectively, the "Platform" or the "Service").

PLEASE READ THESE TERMS CAREFULLY. They include, in Section 21 (Dispute Resolution; Binding Arbitration; Class-Action Waiver), an agreement to resolve most disputes through individual binding arbitration and a waiver of class actions, with a 30-day opt-out, a small-claims carve-out, and a public-injunctive-relief carve-out. They also include important disclaimers of warranties (Section 18) and limitations of liability (Section 19). By accepting these Terms, you agree to those provisions.

1. Acceptance of the Terms

By creating an account, joining a Studio's team, booking or paying a Studio through the Service, uploading content, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy (including its Section 8, Cookies, Tracking, and Your Consent Choices), which is incorporated by reference. We capture your agreement through an affirmative action (for example, checking an "I agree" box or clicking a button that states you agree to these Terms) when you create an account or join a team and, where applicable, when you book through a Studio's booking page. If you do not agree, do not use the Service.

If you accept these Terms on behalf of a business, team, or other entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

Gotlan is software that real estate media Studios use to run their business with their own Clients and their own Team Members. These Terms apply to all three. Some sections apply only to Studios, some only to Clients, and some to all users; each is labeled where the distinction matters.

2. Eligibility (18+; Business and Professional Use)

The Service is intended for businesses and professionals. You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is not directed to minors, and we do not knowingly collect personal information from anyone under 18. Token-based homeowner property-prep pages are intended for adult property owners and occupants only. By using the Service you represent that you meet these requirements and, where you act for a business, that you are authorized to do so. You further represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions; that you are not listed on any U.S. government restricted-party list (including the Treasury Department's Specially Designated Nationals list); and that you will comply with all applicable export-control and sanctions laws, including those administered by the Office of Foreign Assets Control (OFAC), in your use of the Service. We may suspend or terminate accounts as needed to comply with those laws. We do not direct the Service to children for purposes of the Children's Online Privacy Protection Act (COPPA) or to children under 16 for purposes of the GDPR; our not-directed-to-children posture is described further in the Privacy Policy.

3. Definitions

4. The Service; Gotlan Is Not a Party to a Studio's Contracts With Its Clients; Data-Protection Roles

Gotlan provides software that Studios use to manage their clients, bookings, orders, scheduling, team, invoices and online payments, and delivery. The Service is offered in the United States.

4.1 Software provider, not seller. Gotlan is a software provider. Gotlan is not the seller, provider, producer, employer, agent, or guarantor of the Media Services. When a Client books or pays a Studio, the contract for the Media Services is formed solely between the Client and the Studio, under the Studio Terms. Gotlan is not a party to that contract, does not control how a Studio performs, and does not guarantee any Studio's work, availability, timeliness, or results. Online payments a Client makes to a Studio through the Service are processed by Stripe and paid to the Studio's own Stripe account; Gotlan does not hold, transmit, or take custody of those funds and does not act as a money transmitter.

4.2 Free to Studios. The Service is free to Studios. Gotlan does not charge subscriptions or per-seat fees, and does not take a fee from the payments a Studio's Clients make to the Studio through the Service. Stripe charges its own processing fees under the Studio's agreement with Stripe. If Gotlan introduces a charge for the Service, it will give at least 30 days' notice before the charge applies, and you may stop using the Service before then.

4.3 No bulk media hosting. Gotlan does not host bulk media. Studios connect their own Dropbox storage to deliver Deliverables, and Gotlan hosts only thumbnails, portfolio and profile images, transactional metadata, and delivery-page templates (see Sections 6 and 16).

4.4 Data-protection roles (controller vs. processor). For data-protection law (including the GDPR, UK GDPR, FADP, CCPA/CPRA, and the TX/VA/CO/CT/UT state acts), the parties' roles are allocated as follows, and this allocation is mirrored in the Privacy Policy:

For data where Gotlan acts as a processor / service provider, Gotlan will process that data only on the controlling party's documented instructions to provide the Service on that party's behalf, and will coordinate data-subject and consumer requests (DSARs) with the controlling Studio or Client and respond as required by law. The parties do not intend to create a joint-controller relationship.

5. Account Registration and Security

To use most features you must create an account. Account creation and sign-in are handled by our identity provider, Clerk, using your name and email and a password or Google sign-in. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at support@gotlan.com of any unauthorized use or security breach. Gotlan is not liable for losses arising from your failure to protect your credentials.

The Platform is multi-tenant. Studio users belong to a Team (the Studio's business) and hold roles such as owner, admin, manager, or crew; Clients hold a client account. Data is strictly isolated per Team. You may access only the data and features appropriate to your role and Team, and you must not attempt to access another tenant's data.

6. Studio Terms

This Section 6 applies to Studios.

6.1 Independent business; no agency or employment. You are an independent business. Nothing in these Terms creates an employment, agency, partnership, joint venture, franchise, or fiduciary relationship between you and Gotlan, or between Gotlan and any of your Clients or Team Members. You set your own services, prices, policies, availability, and methods of work, and neither you nor Gotlan may bind or act on behalf of the other. Neither you nor any of your owners, employees, or contractors is entitled to any employee benefits from Gotlan, and Gotlan is not responsible for workers' compensation, unemployment insurance, or any tax payment or withholding on behalf of you or your personnel.

6.2 Your services and conduct. You are solely responsible for your service catalog, pricing, portfolio, availability, communications, performance, and Deliverables, and for the legality and accuracy of everything you publish. You must hold all licenses, permits, insurance, and authorizations required to provide your services, including compliance with FAA Part 107 and all applicable rules for any drone or unmanned-aircraft operations.

6.3 Your Studio Terms. You set the Studio Terms for your Clients, including your cancellation, rescheduling, refund, and license terms, and you may present them to your Clients through the Service (for example, as a terms document your Clients accept when they book). Your Studio Terms are between you and your Clients; Gotlan is not a party to them, does not enforce them, and does not review them for legality. Where the Service calculates an amount from your settings (for example, a cancellation fee or a refund), it does so on your instructions, and you are responsible for those settings and for the result.

6.4 Online payments through your own Stripe account. To accept online payments from your Clients through the Service, you connect your own Stripe account and, as a condition of doing so, agree to the Stripe Connected Account Agreement and the Stripe Services Agreement (each as amended; currently available at stripe.com/legal/connect-account and stripe.com/legal/ssa). Your acceptance of these Terms includes your acceptance of the applicable Stripe agreement, and you must consent to the Stripe agreement before using Stripe. Online payments are charged directly on your Stripe account: you are the merchant of record and the seller of the Media Services, your business appears on your Client's card statement, and you, not Gotlan, are responsible for any sales or other taxes due on your Media Services. Gotlan may compute and present a tax rate or line item for convenience, but you remain the party responsible for collecting and remitting any applicable taxes. A connected Stripe account is not required to use the Service; it is required only to accept online payments through it. Stripe may request additional information and may hold funds pending verification, and payout availability and timing are governed by Stripe.

You acknowledge Stripe's acquirers and their contact information as set out in Stripe's Acquirer Disclosure (stripe.com/legal/acquirer-disclosure), which is incorporated by reference.

When you provide personal data in connection with the Service, Stripe receives that personal data and processes it in accordance with Stripe's Privacy Policy (stripe.com/privacy). (This disclosure also appears in Section 8 and in the Privacy Policy.)

6.5 Authorization to facilitate payments. You authorize Gotlan to create charges, holds, and refunds on your Stripe account through the Service as you or your Team Members direct and as your settings provide (for example, charging a Client when a Booking is accepted or an invoice is paid, or refunding a Client under your Studio Terms).

6.6 Refunds, chargebacks, and disputes. As the merchant of record, you are responsible for refunds, chargebacks, and payment disputes relating to your payments. If a refund, chargeback, or reversal on one of your payments results in a loss that Stripe charges to Gotlan, you will reimburse Gotlan for it, and you authorize Gotlan and Stripe to recover it from your Stripe balance. Your obligations under this Section 6.6, and your indemnity in Section 20, survive the closure or termination of your account and remain enforceable for any transaction initiated while your account was active.

6.7 Storage connection and delivery. You store and deliver Deliverables from your own Dropbox account (or another storage provider the Platform supports), which you connect to the Platform. A storage connection is not required to use the Service or to accept a Booking; it is required for uploading Deliverables, provisioning delivery folders, and final delivery through connected storage. Where the Platform permits, you may instead deliver through a link to files you host yourself, which the Platform presents to your Client on your behalf. You choose how long delivery files stay available, and the Service shows your Client the period you set; Gotlan does not guarantee that files remain available for that period. Your storage is controlled by you under your own account and provider terms. Gotlan does not host your bulk media and is not responsible for the availability, security, or retention of files stored in your connected account or at links you supply.

6.8 Your Team Members. You decide who joins your team and what each Team Member can see and do, and you are responsible for your Team Members' use of the Service. Your relationship with each Team Member, including how and how much you pay them, is between you and that Team Member. Any earnings, pay, or hours figures the Service shows are a record kept for your convenience from the settings you choose; Gotlan does not pay your Team Members and is not their employer.

6.9 Messaging your clients. Any marketing, drip, promotional, or re-engagement messaging you configure through the Service may be sent only to your own clients for whom you have obtained all legally required consents. You represent and warrant that you have obtained all consents required by the TCPA, CAN-SPAM, and (for EU/EEA/UK/CH recipients) the ePrivacy and GDPR opt-in requirements, and other applicable law for the contacts you message, and you will indemnify Gotlan for messaging you cause (see Sections 15 and 20).

6.10 Your data, records, and backups. You are responsible for the data you enter into or manage through the Service, for keeping your own business records (including any records the law requires you to keep, such as invoices and tax records), and for keeping your own backups. Gotlan is not your record keeper or backup service. Export your data regularly so that you always have your own copy.

7. Client Terms

This Section 7 applies to Clients.

7.1 The Studio is your counterparty. When you book or pay a Studio through the Service, you contract with the Studio for the Media Services, under the Studio Terms, including the Studio's cancellation, rescheduling, and refund policies. The Studio is the merchant of record and the seller. Gotlan provides the software but is not the provider of the Media Services, is not a party to your contract with the Studio, and does not guarantee the Studio's work. Questions about a Booking, a charge, a refund, or Deliverables go to the Studio.

7.2 Payments. Online payments are processed by Stripe and paid to the Studio's own Stripe account; the charge appears under the Studio's name, and any refund is issued by the Studio. The amount of each charge, and when it is made (for example, when you book, when the Studio accepts your Booking, or when you pay an invoice), are shown to you before you confirm.

7.3 Deliverable license. Any license to use the Deliverables (for example, for the specific listing or property you market) is granted by the Studio under the Studio Terms, not by Gotlan. Gotlan does not grant, transfer, or warrant any rights in the Deliverables and does not control the scope of the Studio's license to you. Unless your written agreement with the Studio says otherwise, the Studio retains copyright in the Deliverables, and you must not use the Deliverables beyond the license the Studio grants. See Section 13 regarding your Fair Housing obligations in any use of listing media.

7.4 Delivery files. Deliverables are stored in the Studio's own storage. The Studio sets how long delivery files stay available and the Service shows you that period; download and keep your own copies, because Gotlan does not keep or guarantee access to them.

7.5 Your property; site conditions and access. For each Booking, you represent that you have the authority (from the property's owner or occupant, where required) to admit the Studio to the property for the shoot and (for services that include aerial or drone capture) to authorize drone flight at and over the property. You agree to provide safe and lawful access and a safe and appropriate working environment for the Studio, in compliance with applicable laws, and to provide reasonable cooperation; to disclose known hazards at the property; and to ensure, or to instruct the owner or occupant to ensure, that valuables are accounted for and secured and that children and pets are supervised before the shoot starts. Gotlan is not responsible for conditions at the property or for the acts or omissions of owners, occupants, or anyone else present at a shoot.

8. Payments and Taxes

8.1 Stripe. Online payments through the Service are processed by Stripe on the Studio's own Stripe account, as described in Sections 6.4 and 7.2. Gotlan does not store your full card number. Card and bank data are handled by Stripe, which maintains PCI-DSS compliance; Gotlan stores only transaction metadata and amounts.

8.2 Stripe data processing. When you provide personal data in connection with Gotlan, Stripe receives that personal data and processes it in accordance with Stripe's Privacy Policy (stripe.com/privacy). This same disclosure and link also appear in our Privacy Policy, as Stripe requires.

8.3 Taxes. Each Studio, as merchant of record, is responsible for determining, collecting, and remitting any taxes due on its Media Services. Gotlan's calculation or display of a tax amount is provided for convenience only and is not tax advice.

9. Cancellations, Refunds, and Disputes Between Studios and Clients

9.1 The Studio's policy applies. Cancellations, rescheduling, refunds, and any dispute about Media Services or Deliverables are governed by the Studio Terms and are between the Client and the Studio. The Service may show a Studio's policy at booking and may calculate a fee or refund from it; it does so on the Studio's behalf.

9.2 Refunds. Refunds of online payments are issued by the Studio from its own Stripe account. Gotlan does not fund refunds and does not decide disputes between a Client and a Studio. Banks may take time to reflect refunds and released holds.

9.3 Chargebacks. If you have a problem with a charge, contact the Studio first. Nothing in these Terms waives, or requires you to waive, any right you have under applicable law or card-network rules to dispute a charge. Gotlan may provide transaction records to the Studio or to Stripe to help resolve a payment dispute.

10. User Content and License Grant

10.1 Your content; your rights and consents. You retain ownership of your User Content. You represent and warrant that you own or have all rights necessary to submit your User Content and that it does not infringe or misappropriate any third party's copyright, trademark, trade secret, privacy, publicity, or other rights, and does not violate any law. For any property imagery, address, or personal data you submit, commission, or use (including on token-based property-prep pages), you further represent and warrant that you have obtained the consent of the property's homeowner and any occupant as required by law for the collection, use, and display of that imagery and data.

10.2 License to Gotlan. You grant Gotlan a limited, non-exclusive, worldwide, royalty-free, sublicensable (to our subprocessors and to other users only as needed to operate the Service) license to host, store, reproduce, display, reformat, create thumbnails of, and transmit your User Content solely to operate, provide, secure, and market the Service (for example, to display a Studio's portfolio and profile on its public pages, render delivery pages, generate thumbnails, and transmit your messages). This license is scoped to the content Gotlan actually hosts (thumbnails, portfolios, profiles, listing and property content, messages, and delivery-page templates) and does not extend to bulk Deliverables stored in a Studio's own Dropbox, which Gotlan does not host. Any marketing use of your content under this license is conditioned on the truth of your representations in Section 10.1, and Gotlan will cease marketing use of specific content on your reasonable request. The license ends when your content is removed, except for reasonable backup copies and records and as needed to complete operations already underway.

10.3 Feedback. If you give us suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use it without obligation to you.

10.4 Aggregated and de-identified data. Gotlan may use and commercialize aggregated and de-identified data derived from use of the Service, provided that the data does not identify you, your clients, or any other person. This does not permit Gotlan to sell personal information, and it does not apply to Google user data, which the Privacy Policy governs.

11. Copyright; DMCA Notice-and-Takedown

Gotlan respects intellectual-property rights and complies with the Digital Millennium Copyright Act ("DMCA").

11.1 Designated Agent. Notices of claimed copyright infringement should be sent to our designated agent:

Our designated agent is registered with the U.S. Copyright Office (Registration Number DMCA-1074837).

11.2 Notice requirements. A valid notice must include, substantially: (a) the physical or electronic signature of the owner or authorized agent; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and enough information to locate it; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the owner. Upon a valid notice, we will expeditiously remove or disable access to material we host.

11.3 Counter-notice. If your content was removed and you believe the removal was a mistake or misidentification, you may submit a counter-notice with: your identification of the removed material and its prior location; a statement under penalty of perjury of your good-faith belief that it was removed by mistake or misidentification; your consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside the United States, your consent to the jurisdiction of any judicial district in which Gotlan may be found; and your contact information, together with a statement that you will accept service of process from the complaining party. We will forward a valid counter-notice to the complaining party and may restore the material not less than 10 nor more than 14 business days after we receive the counter-notice, unless the complaining party first notifies us that it has filed a court action seeking to restrain the activity.

11.4 Repeat infringers. We have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who are repeat copyright infringers.

11.5 Trademark and other IP. The DMCA process covers copyright. For trademark or other intellectual-property complaints, contact support@gotlan.com. We reserve the right to remove content and reserve all rights in the Gotlan name, logos, storefront slugs, and profile URLs.

12. Acceptable Use and Prohibited Conduct

You agree not to, and not to permit anyone to:

We may, but are not obligated to, monitor, review, remove, refuse, or disable any content or account that we believe violates these Terms or applicable law, and we may suspend or terminate accounts in connection with Stripe risk actions or account deauthorization.

13. Real-Estate and Fair Housing Compliance (Clients)

This Section 13 applies to Clients and to anyone who submits listing or property-marketing content.

13.1 Fair Housing covenant. You represent and warrant that all listing content, property descriptions, marketing copy, imagery, and instructions you submit, commission, publish, or distribute through the Service comply with the Fair Housing Act (42 U.S.C. § 3604 et seq.) and all applicable federal, state, and local fair-housing and fair-advertising laws, and do not indicate any preference, limitation, or discrimination based on a protected class, including discrimination because of race, color, religion, sex (including sexual orientation and gender identity), national origin, familial status, or disability, and any additional classes protected under applicable state or local law.

13.2 Media-specific responsibility. You are solely responsible for the fair-housing compliance of media you commission, select, publish, or distribute, including photographs, drone footage, virtual staging, human models, and captions, and you must not use such media to indicate exclusivity or to steer or signal a protected-class preference. The Studio that produces media is an independent business and is not responsible for your fair-housing use of the Deliverables.

13.3 Gotlan's posture. Gotlan does not review, endorse, or guarantee the fair-housing or legal compliance of any User Content, and does not provide housing ad-targeting, audience-selection, custom or mirror-audience, or algorithmic ad-delivery services. We may remove or refuse content we believe may violate fair-housing law, in our discretion, without liability. You remain bound by your own licensure rules and professional codes (for example, the NAR Code of Ethics) independent of these Terms.

13.4 Equal Housing Opportunity. Gotlan LLC supports equal housing opportunity. Inclusion of the Equal Housing Opportunity logo or statement in your housing advertising is recommended and remains your responsibility.

14. Reviews

Where the Service lets a Client review a Studio, the review is User Content licensed under Section 10 and may be shown on the Studio's public pages. Reviews are the opinions of the users who post them; Gotlan does not verify or endorse them, and they are not statements by Gotlan. We may moderate, remove, or decline to display reviews in our discretion.

15. Communications; Email and SMS Consent

15.1 Transactional communications. By creating an account or making a Booking, you consent to receive transactional and relationship messages by email (via Postmark) and, where you provide a number and opt in, by SMS (via Twilio), for example, booking confirmations, acceptances and declines, payment receipts, delivery notices, account and security alerts, and schedule or weather alerts tied to a Booking. These messages relate to your account and Bookings, are part of the Service, and are not subject to marketing opt-out; they may be sent while you have an active account or Booking.

15.2 Marketing email. Marketing and onboarding/welcome email is separate. For recipients in the United States, marketing email is sent on an opt-out basis: every marketing email includes our postal address and a one-click unsubscribe, and we honor opt-outs as required by the CAN-SPAM Act. For recipients in the EU/EEA, United Kingdom, and Switzerland, marketing email and marketing SMS are sent only on an opt-in basis (or a narrow soft-opt-in where lawful), mirroring our geo-gated consent posture. Unsubscribing from marketing does not stop transactional messages.

15.3 SMS (TCPA). Our SMS program is opt-in and transactional only and is registered under A2P 10DLC. SMS opt-in is captured as a discrete affirmative action that logs the consent text, timestamp, and mobile number, and the in-product consent language is kept identical to the consent language submitted to The Campaign Registry (TCR) for the registered 10DLC campaign. Consent to receive texts is not a condition of purchase or of using the Service. Message frequency varies, and message and data rates may apply. Reply STOP to opt out and HELP for help. You may revoke consent by any reasonable means, and we honor opt-out requests as soon as practicable and in no event later than 10 business days, sending at most one confirmation message after an opt-out. A standalone SMS Terms page is linked from the opt-in.

15.4 Studio-caused messaging. Studios are solely responsible for, and must have all required consents for, any messaging they configure or cause (see Section 6.9).

16. Third-Party Services; International Data Transfers

The Service relies on third-party providers, including, without limitation: Clerk (identity and authentication); Stripe / Stripe Connect (payments); Google Maps / Google Places (geocoding and derived solar and weather data for scheduling, routing, and alerts); PostHog (product analytics); Sentry (error monitoring); Postmark (email); Twilio (SMS); Vercel (hosting); Supabase (PostgreSQL database, U.S. region); Upstash (rate limiting); and Studio-connected Dropbox (Studio-controlled media storage). Gotlan also operates a first-party analytics pipeline that uses a short-lived, server-minted `rmm_server_analytics_sid` session identifier and stores page, referrer, and duration records. Your use of these services may be subject to their own terms and privacy policies. Gotlan is not responsible for third-party services, and derived data (such as solar or weather information) is advisory and not guaranteed.

International data transfers. Gotlan's infrastructure is hosted in the United States. The collection and use of personal data, including the categories collected, the named subprocessors, the cookie inventory (including the consent cookie, the `gotlan_geo_optin` geo-posture cookie, the short-lived `rmm_server_analytics_sid` analytics session cookie, Clerk session cookies, and PostHog cookies), and the mechanism for transferring EU/EEA, UK, and Swiss personal data to the United States (Standard Contractual Clauses, the UK International Data Transfer Addendum, and the Swiss addendum, with the EU-U.S. Data Privacy Framework as supplementary for certified subprocessors), is described in our Privacy Policy and Subprocessor List.

17. Intellectual Property

The Platform, including its software, design, text, graphics, the Gotlan name and logos, and all related intellectual property, is owned by Gotlan or its licensors and is protected by law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose. You may not copy, modify, distribute, sell, or create derivative works from the Platform except as permitted. All rights not expressly granted are reserved. User Content remains owned by the user who submitted it, subject to the license in Section 10.

18. Disclaimers

THE PLATFORM AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOTLAN DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

GOTLAN DOES NOT PROVIDE THE MEDIA SERVICES AND MAKES NO WARRANTY AS TO THE QUALITY, LEGALITY, TIMELINESS, AVAILABILITY, OR OUTCOME OF ANY STUDIO'S WORK OR DELIVERABLES. Studios are independent businesses, and Gotlan does not endorse, verify, or guarantee any Studio, Studio content, or Studio performance. Access to Deliverables may depend on a Studio's own third-party storage, which Gotlan does not control or warrant. Derived solar, weather, geocoding, and scheduling data are advisory and are not guaranteed to be accurate.

No vetting. Gotlan does not conduct background checks on Studios, Clients, or Team Members and does not verify any Studio's licenses, permits, registrations, insurance, FAA Part 107 or other certifications, skills, or qualifications, or any Client's licensure or authority. Any badge, review, or similar designation displayed on the Platform is not an endorsement, certification, or guarantee, and it is not a representation that a user is licensed, insured, safe, or suitable for any particular project.

Assumption of risk (on-site services). Many Media Services are performed in person at real properties. To the extent a Booking involves on-site work, you acknowledge that in-person services and property access carry inherent risks, including risk of property damage, illness, bodily injury, or death, and that interactions with other users, whether on or off the Platform, are undertaken at your own initiative and risk. To the maximum extent permitted by law, you voluntarily assume the risks arising out of on-site Media Services, including drone and aerial operations, and you agree to take reasonable precautions in your interactions with other users.

Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOTLAN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS (AND GOTLAN'S PAYMENT PROCESSORS AND SERVICE PROVIDERS, INCLUDING STRIPE AND CLERK, WITH RESPECT TO THE SERVICES THEY PROVIDE TO THE PLATFORM) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOTLAN WILL NOT BE LIABLE FOR PROPERTY DAMAGE, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DEATH ARISING OUT OF OR IN CONNECTION WITH ANY MEDIA SERVICES, ANY PRESENCE AT A PROPERTY, OR ANY INTERACTION BETWEEN USERS OR WITH THIRD PARTIES AT A SHOOT, WHETHER OCCURRING ON OR OFF THE PLATFORM. Claims arising from the performance of Media Services lie against the Studio or other responsible party, not Gotlan.

GOTLAN'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID GOTLAN FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100.

Gotlan is not liable for a Studio's non-performance, no-shows, deliverable quality, or any loss arising from the contract between a Client and a Studio. Nothing in these Terms limits liability that cannot be limited by law (such as for gross negligence, willful misconduct, or personal injury where applicable).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. This Section survives termination.

20. Indemnification; Release

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Gotlan and its affiliates, officers, employees, and agents from and against any third-party claims, damages, liabilities, losses, and costs (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your use of the Service; (c) your breach of these Terms or of any law; and (d) your violation of a third party's rights. This indemnity does not apply to the extent a loss arises from Gotlan's own gross negligence, willful misconduct, or violation of law.

Studios additionally indemnify Gotlan for: (i) sales-tax and merchant-of-record obligations; (ii) refunds, chargebacks, reversals, and negative-balance losses on the Studio's payments that Stripe charges to Gotlan; (iii) intellectual-property claims arising from uploaded portfolios or Deliverables; (iv) any messaging the Studio configures or causes; (v) claims arising from the Studio's provision of Media Services, including injuries, losses, or damages of any kind arising in connection with them; (vi) claims by the Studio's Clients arising from the Studio Terms; and (vii) claims by the Studio's owners, employees, contractors, subcontractors, or Team Members, including claims for pay, employee benefits, workers' compensation, or unemployment insurance, and claims arising from the classification of any person engaged by the Studio as an independent contractor. Clients additionally indemnify Gotlan for fair-housing and fair-advertising claims arising from content the Client submits, commissions, publishes, or distributes, for claims arising from property imagery or homeowner data used without required consent, and for claims arising from site conditions, property access, or the Client's representations in Section 7.5. This Section survives termination.

Release. To the maximum extent permitted by law, you release Gotlan and its affiliates, officers, employees, and agents (and Gotlan's payment processors and service providers, including Stripe and Clerk, with respect to the services they provide to the Platform) from any and all claims, demands, damages, and liabilities of every kind, known or unknown, arising out of or in connection with any dispute with another user or with the provision or receipt of Media Services. Your remedies for such matters are limited to claims against the users or other responsible parties involved (excluding, in each case, the released parties named above), and you agree not to seek to impose liability on Gotlan for them. If you are a California resident, you waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." If you reside elsewhere, you similarly waive the protection of any comparable statute to the extent permitted by law. This release does not apply to claims arising from Gotlan's own gross negligence, willful misconduct, or violation of law.

21. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION.

21.1 Scope. This Section governs disputes between you and Gotlan. It also governs, to the same extent as if the provider were Gotlan, any claim you bring against Gotlan's payment processors or service providers (including Stripe and Clerk) arising from the services they provide to the Platform, and each such provider may invoke and enforce this Section as an intended beneficiary (see Section 28). It does not apply to, and does not require arbitration of, the underlying Media-Services dispute between a Client and a Studio; Gotlan is not a party to that contract, and such disputes are between the Client and the Studio under the Studio Terms.

21.2 Agreement to arbitrate. You and Gotlan agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, governed by the Federal Arbitration Act, administered by the American Arbitration Association (AAA) under its applicable rules (Consumer or Commercial, as appropriate). Except as stated in Section 21.5, the arbitrator decides issues of arbitrability; this delegation does not strip either party's right to bring the court matters carved out in Section 21.5.

21.3 Mass-arbitration / batching protocol. If 25 or more demands for arbitration are filed against Gotlan that present common or coordinated questions of law or fact and are represented by the same or coordinated counsel, the parties agree that the AAA Mass Arbitration Supplementary Rules apply, and the demands will be administered in staged bellwether batches with a single set of administrative and filing fees per batch rather than per individual demand. The parties will cooperate in good faith on bellwether selection, and tolling applies to the non-bellwether demands pending resolution of the bellwether stage.

21.4 Class-action waiver. You and Gotlan agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate claims (except under the batching protocol in Section 21.3) or preside over any class or representative proceeding.

21.5 Carve-outs (small claims, injunctive relief, and public injunctive relief). Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or other equitable relief in court to protect intellectual-property rights or to address unauthorized access, DMCA matters, or misuse of the Platform. In addition, any claim for public injunctive relief shall be litigated in court and is severed from arbitration; the parties agree such relief may not be waived and is not subject to the arbitration agreement or the class-action waiver, consistent with applicable law (including California law under *McGill v. Citibank*).

21.6 30-day opt-out. You may opt out of this Section 21 by emailing support@gotlan.com within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out of arbitration. Opt-out is per account. Opting out does not affect any other part of these Terms.

21.7 Severability of this Section. If the class-action waiver in Section 21.4 is found unenforceable as to a particular claim, that claim will proceed in court and not in class arbitration, while the remainder of this Section remains in effect. The carve-out for public injunctive relief in Section 21.5 is severable and, if any portion of this Section is held unenforceable as to public injunctive relief, that relief proceeds in court without invalidating the rest of this Section.

21.8 Pre-arbitration notice and negotiation. Before initiating arbitration, the party seeking relief must send the other party a written notice of dispute, to support@gotlan.com or to Gotlan's mailing address in Section 29 (a notice concerning a claim against a provider covered by Section 21.1 is validly given when sent to Gotlan at those addresses, and Gotlan's receipt is effective as notice to that provider), or, when sent by Gotlan or such a provider, to your account email or, if you have no account, to the last email or mailing address you provided, that includes the date, the sender's name, mailing address, account email (if the sender has an account) and an email address at which the sender can be reached, and signature, a brief description of the nature and basis of the dispute, and the specific relief sought. For 30 days after a valid notice is received, the parties will attempt in good faith to resolve the dispute informally, and no demand for arbitration may be filed until that period has ended. Compliance with this Section 21.8 is a prerequisite to initiating arbitration, and any applicable statute of limitations is tolled from the date a valid notice is received through the end of the negotiation period.

21.9 Jury-trial waiver. To the maximum extent permitted by law, you and Gotlan each waive the right to a trial by jury in any proceeding arising out of or relating to these Terms or the Service, whether resolved in arbitration or in court, including any claim that proceeds in court under Section 21.5 or Section 21.7.

22. Governing Law and Venue

These Terms are governed by the laws of Florida, without regard to conflict-of-laws rules, except for the non-waivable consumer-protection rights of the state where you reside, and except that the Federal Arbitration Act governs Section 21. For any claim not subject to arbitration (including small-claims, public-injunctive, and other injunctive matters), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, except where applicable law requires otherwise.

23. Term and Termination

These Terms apply while you use the Service. You may stop using the Service at any time and close your account as described in Section 23.1. We may suspend or terminate your access, for cause or for convenience, including for violations of these Terms, repeat copyright infringement, fair-housing violations, prohibited-business activity, or Stripe risk actions or account deauthorization.

On termination, your right to use the Service ends, but provisions that by their nature should survive will survive, including Sections 6.4 (merchant-of-record and tax obligations), 6.6 (refunds, chargebacks, and disputes), 10.2, 11, 12, 13, 17, 18, 19, 20, 21, 22, 26, 27, and 28. Termination does not strand Deliverables in Gotlan's hands, because Studios store bulk media in their own connected accounts; we may retain transactional and tax records as required by law and may remove hosted thumbnails and profile content.

23.1 Closing your account. To close your account, email support@gotlan.com from the email address on the account (for a Studio, the email address of the account's owner). Download an export of your data before you close your account. When a Studio asks, Gotlan deletes the Studio's account data, except data that this Section 23 or the Privacy Policy allows Gotlan to retain. An order a Studio shared with a Client who has their own Gotlan account stays in that Client's account. Delivery files stay in the Studio's own storage (Section 6.7). Information Gotlan holds for its own purposes under Section 4.4 is handled under the Privacy Policy. Closing an account does not end obligations that survive under this Section 23, such as those in Section 6.6.

23.2 Changes to the Service. Gotlan may change, suspend, or discontinue all or part of the Service at any time.

24. Modifications to the Terms

We may modify these Terms from time to time. We will post the updated Terms with a new "Last Updated" date. For material changes (including to the arbitration agreement, or any new charge for the Service), we will provide notice (for example, by email and an in-app notice) and, where appropriate, request affirmative re-acceptance, with a forward effective date. Additional terms may apply to features Gotlan adds later; we will present them before they apply to you. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms, except where affirmative consent is required.

25. Electronic Communications and E-SIGN Consent

The Service is provided electronically. By using it, you consent, under the federal E-SIGN Act and applicable UETA, to transact electronically and to receive these Terms, the Privacy Policy, disclosures, and other notices electronically, and you agree that your electronic acceptance (for example, clicking "I agree" or completing a Booking) has the same legal effect as a handwritten signature. Where a flow records it, we capture and retain a record of your acceptance (for example, its timestamp and the version accepted), and we log SMS opt-in consent (consent text, timestamp, and number) as described in Section 15.3. You have the right to request a paper copy of any record and to withdraw your consent to electronic communications by contacting support@gotlan.com; withdrawal may prevent you from using parts of the Service. To access electronic records you need a current web browser, internet access, and a valid email address.

26. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be reformed to the minimum extent necessary or severed, and the remaining provisions will remain in full force. The savings clauses in Sections 18 and 19 apply so that a struck sub-clause does not void the surrounding section, and the targeted rules in Sections 21.5 and 21.7 apply to the class-action waiver and the public-injunctive carve-out.

27. Assignment; No Waiver; Force Majeure

You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. Our failure to enforce any provision is not a waiver. Gotlan is not liable for delays or failures caused by events beyond its reasonable control. This Section survives termination.

28. Entire Agreement

These Terms, together with the Privacy Policy (including its cookie section), Subprocessor List, SMS Terms, DMCA policy, and any Stripe agreements you accept, are the entire agreement between you and Gotlan regarding the Service and supersede prior agreements on that subject. In the event of a conflict between these Terms and a document expressly incorporated by reference, the incorporated document controls as to its specific subject matter.

No third-party beneficiaries. These Terms are for the benefit of you and Gotlan and their permitted successors and assigns, and do not confer any rights or remedies on any other person; there are no third-party beneficiaries to these Terms, except that Gotlan's payment processors and service providers (including Stripe and Clerk) are express and intended third-party beneficiaries of Sections 19, 20, and 21 with respect to claims arising from the services they provide to the Platform.

29. Contact

Notice for California users. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: the Service is provided by Gotlan LLC, 2149 NE 181st Street, North Miami Beach, FL 33162, support@gotlan.com. Complaints may be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Gotlan LLC provides Gotlan as software for real estate media studios. Gotlan is not the seller of, and is not a party to, any contract between a Studio and its Clients.

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