DRAFT, not legal advice. Prepared 26 Sep 2026 by an AI assistant for Open Home Studio. Not reviewed by a lawyer. Items marked (verify) need checking by a qualified Australian lawyer before these terms are relied on.
Last updated: 26 September 2026 (draft)
1 Who we are
1.1 Open Home Studio ("we", "us"). Contact: theopenhomestudio@gmail.com.
1.2 We make listing media for real estate agents from photos and floor plans that already exist: 3D floor plans, interactive 3D tours, listing reels and edited photos (twilight, virtual staging and declutter). We don't take photographs or visit properties.
1.3 We use AI. Our business is run with the help of AI tools, and our emails are written by an AI assistant. We will never claim to be a person. You can reach us at theopenhomestudio@gmail.com.
1.4 "You" means the agent, agency or other business that orders from us. If you order for an agency, you confirm you're authorised to do so.
2 How an order works
2.1 You order by email (or any order form we publish), naming the property, the items, and your "needed by" date and time (Sydney time).
2.2 We confirm the order in writing with the price and what's included. The contract starts when we send that confirmation. These terms apply to every order unless we both agree otherwise in writing.
2.3 We may decline an order, for example if the source files are too small, we can't meet your deadline, or the request would break section 6.
3 Free samples
3.1 We may send you a free sample: a twilight or staged version of one photo you email us from a current listing. We only use photos you send us. There's no obligation to buy.
3.2 Samples are watermarked "SAMPLE – not for publication". You may view them but not publish, share or use them in any advertising. No licence to use a sample is given.
3.3 If you don't order, we delete our copy of the sample and its source files within 30 days.
4 Your materials and permissions
4.1 "Materials" means the photos, floor plans, text and other files you give us or ask us to use.
4.2 Before we start a paid job, you confirm that you (or your agency) own the Materials or have permission from their owner, usually the photographer or the plan's drafter, for us to copy, edit and adapt them as ordered, and for the edited versions to be used to market the property.
4.3 If you're not sure you have that permission, tell us before we start. We can wait while you check, or work only on items that don't need it.
4.4 You tell us before we start if the property is tenanted, or if any photo shows people, children, personal documents, mail or number plates. We'll leave those photos out of any AI processing or ask you for alternatives.
4.5 We'll credit the photographer where you ask us to, and we won't treat their work in a way that is derogatory to them (moral rights).
4.6 If a third party makes a claim against us because the permission you gave under 4.2 wasn't in fact held, you are responsible for our reasonable losses from that claim, except to the extent we caused or contributed to them. (verify: unfair contract terms)
5 AI processing and third-party processors
5.1 3D floor plans and reels are made on our own systems, using our own software.
5.2 Photo edits are made with third-party AI services. At the date of these terms that's fal.ai (USA), which passes images to Google's image model.
5.3 We only upload your photos to an AI service after you've agreed in writing (an email reply is enough) and confirmed the permissions in section 4.
5.4 Your photos may be processed and briefly stored outside Australia, mainly in the USA. We configure these services to keep as little as possible for as short a time as possible, but some copies (for example the processor's abuse-monitoring logs and backups) are outside our control. See our Privacy Policy.
5.5 We don't use your Materials to train AI models, and we choose AI services whose terms say they don't train on customer content. We never put your photos into tools whose terms allow training on them.
5.6 Images edited with Google's model carry an invisible "SynthID" watermark that identifies them as AI-edited.
6 Accuracy: what we will and won't do
6.1 We won't change a property's structure, layout or room sizes, or add or remove permanent features or defects (for example walls, windows, power poles, wires, trees, cracks, stains, neighbouring buildings, views, pools or lawns). Declutter removes movable items only.
6.2 Virtual staging adds freestanding furniture and decor at realistic scale, in the room's real use. Staged furniture is indicative only and isn't included in any sale.
6.3 Twilight edits simulate dusk light. They only show light fittings that really exist.
6.4 3D floor plans are illustrative only and not to scale. Room names are copied from your original plan. We don't add measurements that aren't on it. Don't use a 3D plan for measurement, building or legal purposes.
6.5 Every output is checked against the original and our written quality checklist before delivery. If you spot anything inaccurate, tell us and we'll fix or withdraw it at no charge.
7 Labels and your disclosure duties
7.1 For each edited image we deliver: the unedited original; a LABELLED version (for example "Virtually staged (AI)" or "Digitally enhanced – twilight simulation"); a PORTAL version with a small colourless corner disclosure mark; and, where needed, a CLEAN version with no mark, plus ready-to-paste disclosure lines. 3D plans carry "Illustrative only – not to scale".
7.2 You decide where and how the deliverables are published. You're responsible for making sure your advertising is accurate and properly disclosed, including under the Australian Consumer Law, NSW property agent advertising rules, the realestate.com.au Acceptable Use Policy (which requires AI use to be clearly disclosed on or adjacent to the image), Domain's terms (which ask for current and unembellished images), and NSW rules on tenant consent and, once in force, disclosure of altered images in rental ads.
7.3 Please don't crop out or remove labels or marks, and only use a CLEAN version with the disclosure line placed right next to the image.
7.4 Nothing in this section reduces our responsibility for doing our own work with due care and skill, as described in section 6.
8 Turnaround
8.1 Our target is delivery by the end of the next Sydney business day after we have all the Materials, your go-ahead, any AI-processing consent and (for new customers) payment. Turnaround times are targets, not guarantees.
8.2 If we can't meet the "needed by" time in your order, we'll tell you as soon as we know. You can then cancel the affected items for a full refund of those items.
9 Proofs, revisions and changes
9.1 We send watermarked proofs first. Two rounds of changes are included, if you ask within 14 days of delivery and the changes are within the original order.
9.2 Changes outside the original order (a different room, a new style, more photos) are a new order, and we'll quote first.
9.3 If something is wrong because of our mistake, we fix it for free, whenever you tell us.
10 Prices and payment
10.1 Prices are in Australian dollars as shown on our website or in our quote when you order. No GST is charged because we're not registered for GST. If that changes, we'll tell you before any new order.
10.2 New customers pay the invoice before we release final, unwatermarked files. For customers we've agreed credit with, invoices are due within 7 days.
10.3 Payment is by secure card payment via a Stripe payment link or invoice. We'll never change our bank details by email.
10.4 If an invoice is overdue, we may pause further work for you until it's paid.
10.5 We don't pay or offer referral fees, rebates or undisclosed discounts to agents. We invoice at our listed price to whoever is paying (the agency or the vendor).
11 Cancellations and refunds
11.1 You can cancel before we start work for a full refund.
11.2 If you cancel after we've started, you pay only for items already delivered or finished.
11.3 Our services come with guarantees that can't be excluded under the Australian Consumer Law, including that they will be supplied with due care and skill, be fit for the purpose you told us about, and be supplied within a reasonable time. If we fail one of these guarantees, we'll fix the problem, or if we can't within a reasonable time, refund you for the affected item.
11.4 We don't give refunds for a change of mind after delivery, but section 11.3 always applies.
12 Rights in the deliverables
12.1 Once you've paid in full, we grant you a non-exclusive, royalty-free, perpetual licence to use the deliverables to market the property, and to show them as examples of your own agency's work. The rights in your original Materials stay with their owners.
12.2 We won't use your Materials or deliverables in our own marketing (website, social media, samples for others) without written permission from you and the photographer.
13 Liability
13.1 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that can't lawfully be excluded.
13.2 Where the law allows, and because our services aren't of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to meet a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again. (verify: ACL s64A)
13.3 Otherwise, and to the extent the law allows, our total liability for an order is limited to the amount you paid for that order.
13.4 Neither of us is liable to the other for indirect or consequential loss, such as lost commission or a lost sale, to the extent the law allows. (verify)
13.5 We're not liable for loss caused by how deliverables are published or advertised by you or others (for example missing disclosure, or labels removed), except to the extent that our own error or breach of these terms caused it.
14 Privacy and file retention
14.1 Our Privacy Policy at our Privacy Policy page explains how we handle personal information.
14.2 Declined samples are deleted within 30 days. Paid job files (originals and deliverables) are kept for 12 months so we can do revisions, then deleted. Ask us to delete them sooner at any time. Invoices and business records are kept as tax law requires.
15 Complaints and disputes
15.1 Please tell us first at theopenhomestudio@gmail.com. We'll acknowledge within 2 business days and try to sort it out quickly and fairly.
15.2 If we can't resolve it between us, either of us may seek mediation before going to court. (verify)
15.3 These terms are governed by the law of New South Wales, Australia.
16 Changes to these terms
16.1 We may update these terms. Changes don't apply to orders we've already confirmed. The "Last updated" date shows the current version.