Terms and Conditions

On The Mark-et Terms and Conditions

At On The Mark-et, we look forward to getting you equipped with the media you need.

Order Details & Accuracy:

The Client is expected to have accurately entered or communicated all pertinent information at the time the order is placed. (We use the square footage to determine the length of the appointment so we can stay on schedule) On The Mark-et reserves the right to update incorrect information and adjust the pricing of the order to accurately reflect the order (Example: The client enters that the property is 1,200 square feet but it is actually 2,400 square feet).

Drone Work:

The FAA requires the PIC (Pilot In Command) to have approved authorization before taking flight in a controlled airspace. If the property/site is within a 5 mile radius of an airport, the client is recommended to schedule the shoot a week in advance so the authorization request can be submitted to the FAA ahead of time. On The Mark-et LLC cannot guarantee that the authorization will be approved by the shoot date. If the approval is still in evaluation by the shoot date, On The Mark-et LLC will still perform all services unrelated to the drone work and schedule a reshoot when authorization is approved.

Property Preparation:

The Client (and home owner) is (are) expected to have the property "camera ready" prior to the beginning of the arrival window. This includes all cleaning and furniture staging. We ask that the Client has their clients review our Getting Ready checklist. If the OTM Photographer arrives at the appointment and the home is not ready, the property will be shot "As Is”.

Delivery Times:

Through the email address the client provides, On The Mark-et LLC will send an email with a link to a download page, (as well as an invoice link) and the client will be able to download all media and the associated listing website through the client portal.)

Next Business Day Following Appointment (Before 5 p.m.)

Photography

Walkthrough Video

Aerial/Drone Packages

Twilight Edits

Floor plans

Virtual Staging

Virtual Clean up

Up To 2 Business Days Following Appointment (Before 5 p.m.)

Matterport 3D Tour

Rights and Usage:

Grant of Rights:

The Client hereby grants to On The Mark-et LLC, and its affiliates, contractors, commercial partners, licensees, successors and assigns a non-exclusive, perpetual, fully transferable, sub-licensable worldwide right and license, to create, reproduce, display, transmit, and distribute the Work through any and all media now known or hereinafter developed. The "Work" is defined as photo(s), video(s), and/or 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content of the property produced under these terms including any derivative works created therefrom. Any and all rights not expressly granted here are reserved to On The Mark-et LLC, including copyright and ownership rights in the Work. On The Mark-et LLC reserves the right to use the Work for the company's portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display within or on the outside of On The Mark-et LLC's premises. On The Mark-et LLC further reserves the right to assign, transfer, license, distribute, or syndicate the Work and any and all rights in the Work to its commercial partners. Except as explicitly set forth herein, the Client has no ownership rights in the work and no right to sell or license the Work to any third party or copy, modify, reproduce, or create derivatives of the Work without the prior written consent of On The Mark-et LLC.

Usage Rights:

In exchange for the Grant of Rights set forth herein, On The Mark-et grants the Client the right to use the images created from the Work and provided to the Client by On The Mark-et for purposes of marketing and promoting the Property, promoting the Client’s real estate business and/or the listing(s), the Client’s brokerage(s), and/or the Client’s business(es) (“The Client’s License"). The Client’s License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by the Client. The Client may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by that listing agent. The Client’s authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement between the Property owner and the listing agent has ended, whichever comes first. In order to protect the copyright of the work and to help prevent photo theft, you agree to include the following language upon the use of any of the work produced by One The Mark-et LLC: "Photos Copyright of On The Mark-et LLC, 2024,”

Releases, Licenses, and Authorizations:

By contracting with On The Mark-et to produce the Work, the Client warrants and represents that the Client is authorized to enter into this Agreement with regard to the Property and the Client certifies that he/she has obtained all appropriate and necessary releases, permissions, waivers, licenses and/or authorizations (hereinafter "Clearances") for the Grant of Rights and Usage Rights set forth in these Terms and Conditions, including but not limited Clearances from the owner of the Property and any other owners of intellectual property rights contained in, on, or around the Property and captured as part of the Work, including the underlying architectural work. The Client further warrants and represents that the Property owner and any occupants of the Property have waived any expectation of privacy rights and confidentiality rights in relation to the images captured and distributed in accordance with the grant of rights hereunder. The Client agrees to indemnify and hold harmless On The Mark-et against any and all claims, costs, and expenses, including reasonable attorney's fees, due to uses of the Work for which the Client did not obtain the appropriate Clearance including uses that exceeded the Clearances actually obtained by the Client. Each party of this Agreement also shall indemnify and hold the other party harmless from all liability, loss, damage and cost arising out of any claims, demands, actions or other proceedings by third parties of any nature (including, but not limited to, attorney fees as and when incurred), to the extent the same arises out of the work performed and the breach of any covenant, agreement or obligation of the party contained in or contemplated by this Agreement, any representation or warranty of the party set forth in this Agreement having been untrue in any material respect when made, except to the extent that such claim arises from the indemnified party's willful misconduct or negligence.

Relationships between parties:

The photographer shall not be deemed to be an employee of the Client. Neither party is authorized to act as agent or bind the other party except as expressly stated in this agreement. All rights granted to the Client are contractual in nature. Nothing in this Agreement is intended nor shall be construed as creating any exclusive arrangement for services between the parties and shall not be deemed to restrict or prohibit the parties from engaging with or offering the same or similar services to parties outside of this Agreement.

Hosting:

On The Mark-et LLC will guarantee media hosting for 6 months from appointment date, with the exception of Matterport 3D Tour & Floor plan. Matterport media will be stored until sold, with a maximum of 6 months. Once the hosting time expires, the Client is responsible for permanent media storage.

Payment Terms:

The Client will be invoiced after all media has been delivered. Payment is due upon receipt of the invoice. After 15 days of non-payment, a late fee of $25/month will be assessed. If the Client attempts to schedule an appointment while there is a balance in your account after the delivery of the last order, On The Mark-et LLC reserves the right to dismiss any new orders until the balance has been paid. If there is a balance on the Client’s account that is over 45 days outstanding, On The Mark-et LLC will freeze all assets & pause the ordering process until the balance has been paid. After 90 days of non-payment, On The Mark-et LLC reserves the right to send the account to collections.

On The Mark-et LLC reserves the right to cancel, postpone, or refuse a scheduling of a photo shoot for any reason and at any time.

Refunds:

We work to meet our customer's satisfaction, but if the Client is not satisfied with the end product and brings a reason in a documented form that a representative of On The Mark-et LLC, in its sole discretion, may refund or reshoot.

Cancellations/Rescheduling:

Please notify 12 hours before scheduled shoot of any cancelations. On The Mark-et LLC reserves the right to a $50 fee if the shoot is cancelled less than 12 hours of the scheduled time. On The Mark-et LLC reserves the right to assess half of the shoot amount if the photographer arrives to find the shoot is cancelled without prior notice. The same terms and conditions apply to a rescheduled shoot.

Weather:

The Client is responsible to check the weather before scheduling the shoot.

If the weather will not permit exterior and drone photos (due to conditions such as heavy or light rain, high winds, etc.) the interior shots can still continue and the exterior can be done at another time. In the event of any other natural disasters, (Hurricanes, flooding, earthquake etc.) or any other acts, accidents, or other events beyond the control of the client or On The Mark-et, On The Mark-et will cancel the appointment and work with the Client to reschedule.

Privacy Policy:

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. (See below for SMS privacy policy link)

Termination:

This Agreement shall terminate upon completion of services, material breach of this Agreement, or mutual agreement between the parties. The covenants and warranties shall continue to exist upon the termination of this agreement.

Liquidated Damages:

If the client terminates this agreement for any reason less than 12 hours of the scheduled time, the client shall pay the liquidated damages in the amount of $50.00 to On the Mark-et LLC and shall constitute the exclusive remedy for such cancellation. Upon payment of said sum, the client shall be released from any further liability On the Mark-et LLC, except for any indemnity or other obligations that survive the termination of this Agreement.

Entire Agreement:

This Agreement constitutes the entire Agreement between the parties and may not be changed unless mutually agreed upon in writing by both parties. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

Governing Law:

This Agreement will be governed by and construed in accordance with the laws of the State of New Hampshire.

Any disputes arising out of or in connection this Agreement, the parties shall first attempt to settle the dispute though amicable negotiations. If no resolution can be reached, the parties shall proceed to resolve the dispute by mediation.

Short Message Service Messaging Terms and Compliance

On the Mark-et LLC

Effective Date: Jan 3rd, 2026

Program Description: 

This messaging program sends appointment confirmation and reminder messages to customers who have booked an appointment with On the Mark-et LLC through our website at www.onthemark-et.com, or via our scheduling forms or phone, and have explicitly opted in to receive short message service notifications. Opt-in is collected by creating an account and scheduling a photoshoot. Messages include scheduling confirmations, appointment reminders, rescheduling updates, customer support communications, and lead nurturing for leads generated from Facebook and Instagram. Opt-in to short message service is not required for service, but highly recommended as it is required for a profile so we can use Spiro which handles our client portal, delivery, invoices, and downloads.

Cancellation Instructions:

You can cancel the short message service service at any time. Simply text "STOP" to the same number that sent you messages. Upon sending "STOP," we will confirm your unsubscribe status via short message service. Following this confirmation, you will no longer receive short message service messages from us. To rejoin, sign up as you did initially, and we will resume sending short message service messages to you.

Support Information:

If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to help@support.onthemark-et.com or call +1 603-319-1723 during business hours.

Carrier Liability:

Carriers are not liable for delayed or undelivered messages.

Message & Data Rates:

Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.

Supported Carriers:

Our short message service program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, and most regional carriers.

Age Restriction: 

You must be 18 years or older to participate in our short message service program.

Privacy Policy: 

For privacy-related inquiries, please refer to our Privacy Policy at https://www.onthemark-et.com/legal-docs/privacy-policy We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, regarding the use of short message service communications.

General Terms:

This website (the "Site") is owned and operated by On the Mark-et LLC ("COMPANY," "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from On the Mark-et LLC. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You:

This Site and all the materials available on the Site are the property of On the Mark-et LLC and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. Unless explicitly authorized, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site. However, you may download and/or print one copy of individual pages for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. All media captured, edited, and delivered by On the Mark-et LLC (including photographs, videos, and drone footage of properties) remains our intellectual property until explicitly transferred or licensed to the client upon completion of services.

Your License to Us:

By posting or submitting any material (including comments, blog entries, social media posts, photos, and videos) to us via the Site, internet groups, or other digital venues, you represent that you own the material or have obtained the necessary permissions. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display such material. This includes any reviews or testimonials submitted, which may be used for promotional purposes.

Disclaimers:

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through the sites. The information, products, and services offered on or through the Site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.

You agree at all times to indemnify and hold harmless On the Mark-et LLC, its affiliates, and their respective officers, directors, agents, and employees from any claims, causes of action, damages, liabilities, costs, and expenses arising out of or related to your breach of any obligation, warranty, or representation under these Terms of Service.

Our services may include drone operations for property media capture, and we comply with all applicable Federal Aviation Administration (FAA) regulations for small unmanned aircraft systems. However, we make no warranties regarding weather, site access, or other external factors that may affect service delivery.

Online Commerce:

Certain sections of the Site may allow you to purchase products and services, such as through platforms like Spiro for scheduling, delivery, client portal for ordering and downloading. If you make a purchase through the Site, the information obtained during your visit, including payment information, may be collected by both us and third-party providers. Payments are processed through third-party providers such as Stripe and Titus.

Your participation in any dealings with third-party vendors is solely between you and the third party. On the Mark-et LLC shall not be responsible for any loss or damage incurred as a result of such dealings.

Registration & Passwords:

To access certain features of the Site, you may be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account, including booking photoshoots and accessing digital downloads.

If you suspect unauthorized use of your account, notify us immediately at help@support.onthemark-et.com. We are not liable for any loss or damage arising from your failure to comply with this obligation.

Termination:

We reserve the right to terminate or suspend your access to the Site, without notice, if we determine that you have violated these Terms of Service or engaged in conduct that we deem inappropriate or unlawful. Upon termination, you must cease all use of the Site and any content obtained from it.

Governing Law:

These Terms of Service shall be governed by and construed in accordance with the laws of the state of New Hampshire. Any dispute arising under these Terms shall be resolved exclusively through binding arbitration in that jurisdiction.

Changes to Terms of Service:

We may update these Terms of Service from time to time. The latest version will always be available on our website with the effective date.

For any questions regarding these Terms of Service, please contact us at:

On the Mark-et LLC

Phone: +1 603-319-1723

Email: help@support.onthemark-et.com

Website: www.onthemark-et.com

By using our website and services, you consent to these Terms of Service.

Limitation of Liability:

To the maximum extent permitted by law, On the Mark-et LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or our services, including but not limited to loss of data, profits, or business opportunities, even if advised of the possibility of such damages. Our total liability shall not exceed the amount paid by you for the specific service in question.