Legal

Terms and Conditions

1. Introduction and Parties

These Terms and Conditions ("Terms") govern access to and use of the TNF360 virtual touring platform ("Platform"), operated by:

The Noughty Fox SRL ("TNF", "we", "us")
IDNO: 1022600002164
Registered address: Str. Gh. Asachi 4, ap. 64, Chișinău, Republic of Moldova
Email: support@thenoughtyfox.com

By creating an account or using the Platform, you ("User", "you") agree to be bound by these Terms. If you are using the Platform on behalf of an organization ("Client"), you represent that you have authority to bind that organization.

The Platform consists of:

• TNF360 Capture — the mobile application for property data capture
• TNF360 Editor — the web-based tour editing interface
• TNF360 Viewer — the web-based tour viewing interface
• TNF360 Backend — the cloud infrastructure that stores and processes tour data

2. Account Registration

2.1. To use the Platform, you must create an account with a valid email address and password.

2.2. You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at support@thenoughtyfox.com if you suspect unauthorized access to your account.

2.3. You must be at least 18 years old to create an account.

2.4. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Service Description

3.1. TNF360 enables Users to capture properties using the mobile application, automatically generate panoramic virtual tours, edit those tours via the web editor, and publish them for viewing via the web viewer.

3.2. The capture process collects spatial and visual data from the property using your device's camera and sensors. This data is processed to produce stitched panoramas and interactive floor plans.

3.3. We aim to maintain reasonable availability of the Platform but do not guarantee uninterrupted service. We may perform maintenance, updates, or modifications that temporarily affect availability.

4. User Responsibilities — Data Capture

4.1. Right to capture. You warrant that you have lawful authorization to enter and capture the property — whether through ownership, management authority, listing agreement, or written permission from the property owner or lawful occupant.

4.2. People in the capture area. For best results and privacy compliance, we recommend that no individuals are present during capture. The mobile application will display a reminder before each capture session. If individuals are present, you are responsible for obtaining their explicit consent to be recorded and included in the published tour.

4.3. Responsibility for captured content. You are solely responsible for ensuring that:

• No identifiable individuals appear in your captures without their explicit consent.
• No content that is illegal, defamatory, obscene, or violates third-party rights is captured or published.
• Property descriptions and titles are accurate and do not mislead viewers.
• You comply with all applicable local laws regarding property photography, drone usage (if applicable), and data protection.

4.4. Consequences of non-compliance. If a captured tour contains identifiable individuals who did not consent to being filmed, the Client organization and the capturing agent bear primary legal responsibility. TNF will cooperate with removal requests but is not liable for content captured by Users. See Section 10 (Limitation of Liability).

4.5. GPS location data. If you grant the mobile application access to your device's GPS location, this data is used solely to verify the capture location against the listed property address. You may deny location access without affecting core functionality.

5. Intellectual Property

5.1. Platform ownership. The Platform — including its software, design, algorithms, 3D reconstruction pipelines, panorama stitching technology, and documentation — is the exclusive intellectual property of The Noughty Fox SRL. Nothing in these Terms grants you rights to our underlying technology.

5.2. Your content. You (or your Client organization) retain ownership of the property-specific content you capture and publish through the Platform, including property descriptions, titles, and organizational branding (logo, agency name).

5.3. License to TNF. By utilizing the Platform, you grant TNF a non-exclusive, worldwide, royalty-free license to:

• Store, process, and display your content as necessary to provide the Platform services.
• Use anonymized and aggregated capture data to research, develop, and improve our technology — including the quality, accuracy, and availability of the Platform across devices and use cases.

This license for service delivery purposes terminates when your content is deleted from the Platform. The license for research and development purposes survives deletion unless you exercise your right to object (see Section 5.4).

5.4. Right to object. You may object to the use of your capture data for research and development purposes at any time by contacting support@thenoughtyfox.com. Upon a valid objection, we will remove your data from these processes within 30 days.

5.5. No resale. You may not resell, sublicense, or redistribute the Platform or any part of its technology.

6. Published Tours

6.1. Tours are published via a unique URL generated by the Platform. You and your Client organization control who receives this URL.

6.2. Published tours may be embedded on third-party websites using the embed code provided by the Platform. You are responsible for ensuring that the website on which you embed a tour is lawful and does not misrepresent the property or its availability.

6.3. Published tours are publicly accessible to anyone with the URL or who visits a page where the tour is embedded. Do not publish tours containing sensitive, private, or confidential information visible in the property.

6.4. Published tours are available for one (1) year from the date of capture. After this period, tours are automatically archived and no longer publicly accessible. Clients may request renewal or early deletion.

6.5. Third-party use of published tours. Because published tours are publicly accessible, third parties may view them. TNF is not responsible for any actions taken by third parties based on information visible in a published tour, including but not limited to competitive use of property listings, unauthorized reproduction, or misrepresentation of property availability.

7. Payment Terms

7.1. Fees for the Platform are as described in the pricing plan agreed upon at registration.

7.2. Payments are processed through a third-party payment processor. By making a payment, you agree to the applicable terms and conditions of the payment processor.

7.3. TNF does not store credit card numbers, bank account details, or other payment instrument data. All payment processing is handled by the payment processor under its own security and compliance obligations.

7.4. Fees are non-refundable except where required by applicable law.

8. Data Protection

8.1. Our collection and use of personal data is governed by our Privacy Policy. The Privacy Policy forms an integral part of these Terms.

8.2. Where TNF acts as a data processor on behalf of a Client organization, processing is governed by our Data Processing Agreement (DPA).

8.3. Both parties agree to comply with applicable data protection legislation, including:

• Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR), where applicable.
• Republic of Moldova Law No. 195/2024 on Personal Data Protection (effective August 23, 2026), and its predecessor Law No. 133/2011 for the period prior to that date.

9. Acceptable Use

You may not use the Platform to:

• Capture properties without lawful authorization.
• Publish content that infringes intellectual property rights, privacy rights, or any applicable law.
• Attempt to reverse-engineer, decompile, or extract source code from the Platform.
• Interfere with the operation of the Platform, including introducing malware, overloading servers, or exploiting vulnerabilities.
• Use the Platform for any purpose other than creating and managing virtual property tours.
• Share account credentials with unauthorized individuals.

10. Limitation of Liability

10.1. To the maximum extent permitted by law, TNF's total aggregate liability to you for any and all claims arising out of or related to these Terms or the Platform shall not exceed the total fees paid by you (or your Client organization) in the twelve (12) months preceding the claim.

10.2. TNF shall not be liable for:

• Content captured, edited, or published by Users, including any privacy violations, defamation, or intellectual property infringement arising from User-generated content.
• Actions taken by third parties based on publicly accessible tour content, including competitive misuse of property information.
• Loss of data due to circumstances beyond our reasonable control, including force majeure events.
• Indirect, incidental, consequential, or punitive damages, including lost profits, lost revenue, or business interruption.
• Service interruptions due to maintenance, updates, or third-party infrastructure failures.

10.3. Indemnification. You agree to indemnify and hold TNF harmless from any claims, losses, or damages (including legal fees) arising from your breach of these Terms, your content, or your violation of any applicable law.

11. Termination

11.1. By you. You may close your account at any time by contacting support@thenoughtyfox.com. Upon account closure, we will delete your account data within 30 days. Published tours will be taken offline. Capture data used for technology improvement will be retained unless you separately object (see Section 5.4).

11.2. By us. We may suspend or terminate your account if you breach these Terms, engage in fraudulent activity, or if continued provision of service becomes impractical due to legal, regulatory, or technical reasons. Except in cases of fraud or serious breach, we will notify you at your registered email address and provide a reasonable opportunity to resolve the issue before termination. You may dispute a suspension or termination decision by contacting support@thenoughtyfox.com.

11.3. Effect of termination. Upon termination, your right to access the Platform ceases immediately. Sections 5 (Intellectual Property), 10 (Limitation of Liability), and 12 (Governing Law) survive termination.

12. Governing Law and Dispute Resolution

12.1. These Terms are governed by the laws of the Republic of Moldova.

12.2. Any dispute arising from these Terms shall first be subject to good-faith negotiation between the parties for a period of thirty (30) days.

12.3. If negotiation fails, disputes shall be resolved by the competent courts of Chișinău, Republic of Moldova.

12.4. For Users located in the European Union, nothing in this section limits your rights under mandatory consumer protection laws of your Member State, including the right to bring proceedings in the courts of your country of residence.

13. Miscellaneous

13.1. Entire agreement. These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and TNF regarding the Platform.

13.2. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.

13.3. Assignment. We may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you. You may not assign your rights under these Terms.

13.4. No waiver. Our failure to enforce any provision does not constitute a waiver of that provision.

13.5. Amendments. We may update these Terms from time to time. For material changes, we will notify registered Users by email or by an in-app notice before the changes take effect, and continued use of the Platform after notification constitutes acceptance. Non-material changes (such as clarifications or typo corrections) may take effect immediately upon posting.

14. Contact

For questions about these Terms:

The Noughty Fox SRL
Email: support@thenoughtyfox.com