Terms of Service

01Introduction & Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the D2 Media website at d2remedia.com (the "Website") and the booking, ordering, and delivery pages D2 Media operates through the Fotello platform at app.fotello.co (the "Booking Platform"), together with all real estate photography, video, editing, and related services D2 Media provides (the "Services").

By visiting the Website, submitting a booking request, or placing an Order through the Booking Platform, you agree to be bound by these Terms. If you do not agree, do not use the Website, the Booking Platform, or the Services.

These Terms were last updated and are effective as of November 3, 2026, and apply to every booking made on or after that date. D2 Media may update these Terms as described in "Term, Termination & Changes to These Terms" below.

02Definitions

"D2 Media," "we," "us," or "our" means D2 Media, a California limited liability company (LLC), operated by Drake Dileonardo.

"Client," "you," or "your" means the person or business booking, ordering, or receiving Services — typically a real estate agent, broker, or property owner.

"Website" means d2remedia.com and any pages D2 Media publishes there.

"Booking Platform" or "Fotello" means the third-party software D2 Media uses, hosted at app.fotello.co and related domains such as fotello.co, through which Clients may submit booking requests, place Orders, make payments, and receive delivered media.

"Services" means the photography, video, 3D tour, floor plan, photo editing, virtual staging, social content, and related media services D2 Media provides, including Content Engine.

"Order" or "Booking" means a specific request for Services scheduled through the Website or the Booking Platform.

"Deliverables" means the final photos, video, floor plans, virtual tours, or other media D2 Media produces and delivers for an Order.

03Description of Services

D2 Media provides real estate and local-business media services, including interior and exterior photography (with stylized marketing stills), aerial drone photography, virtual twilight photography, virtual staging and declutter, the Cinematic Listing Video, the Listing Walkthrough Reel, Social Highlight Clips, Zillow 3D Home Tours (including Zillow Showcase capture), Matterport 3D tours, floor plans, property websites and marketing materials, Content Engine social content (branded reels and agent-hosted local home tours, including custom plans), commercial interior photography, and delivery galleries.

Clients book Services either directly through D2 Media or through the Booking Platform, which handles scheduling, order intake, payment collection, and final delivery of Deliverables. D2 Media selects, configures, and is solely responsible for the Services performed; the Booking Platform is a tool D2 Media uses to run those Services, not a separate service provider to the Client (see "Third-Party Platform (Fotello)" below).

Specific packages, pricing, and included features are described on the Website or within the Booking Platform at the time of booking and may vary by listing size, service area, and package tier.

D2 Media also offers Content Engine, an ongoing social media content service billed and governed separately, as described in "Content Engine Services" below.

04General Website Use & Acceptable Use

You may browse the Website to learn about D2 Media's Services and submit booking inquiries. You agree not to: (a) use the Website for any unlawful purpose; (b) attempt to gain unauthorized access to the Website, the Booking Platform, or any related account; (c) copy, scrape, or republish Website content without permission; or (d) submit false or misleading information when requesting a booking.

Any account you create on the Booking Platform to place Orders is subject to Fotello's own account terms in addition to these Terms. You are responsible for keeping your Booking Platform login credentials confidential and for all activity under your account.

You are responsible for providing accurate property address, access instructions, contact information, and any other details D2 Media needs to perform the Services. D2 Media is not liable for delays or added costs caused by inaccurate or incomplete information you provide.

05Booking, Scheduling & Payment Terms

Orders may be placed directly with D2 Media or through the Booking Platform's booking forms. An Order is confirmed once D2 Media accepts it and, where applicable, a shoot is scheduled.

Payment is due as stated at the time of booking. Depending on the package, D2 Media may require full payment at booking, a deposit with the balance due on delivery, or payment on receipt of an invoice. Payments are processed through the Booking Platform's payment system — currently Stripe, as integrated within Fotello — unless otherwise agreed in writing.

Prices are as listed on the Website or the Booking Platform at the time of booking and are subject to change for future Orders; the price for an already-confirmed Order will not change unless its scope changes (for example, added services or a different package). D2 Media may offer coupons or promotional pricing at its discretion.

If a payment fails, is declined, or is not received by its due date, D2 Media may pause work on the affected Order, delay delivery of Deliverables until payment is received, and charge a late fee of 1.5% per month (or the maximum allowed by law, if lower) on the overdue balance. If a Client disputes a charge with their bank or payment processor for an Order D2 Media has already performed, or for an Order the Client did not cancel under the policy below, D2 Media may suspend further Services to that Client — including access to the Booking Platform and Content Engine — until the dispute is resolved in D2 Media's favor or the balance is otherwise paid.

06Cancellation, Rescheduling & No-Show Policy

You may cancel or reschedule a Booking through the Booking Platform or by contacting D2 Media directly. At least 24 hours' notice before the scheduled shoot is required to cancel or reschedule without a fee.

Cancellations or reschedule requests made less than 24 hours before the shoot are subject to a fee of 50% of the booked job's price. A no-show — D2 Media's team arrives at the scheduled time and cannot access the property or reach the Client — is subject to the full price of the booked job, charged to the payment method on file.

D2 Media will make reasonable efforts to reschedule shoots affected by weather, unsafe conditions, or property inaccessibility at no additional charge, provided the Client notifies D2 Media as soon as reasonably possible.

07Property Access & Shoot Readiness

The Client is responsible for making sure the property is accessible, safe, and reasonably prepared (lights on, clutter cleared, lawns/pools maintained, pets secured) by the scheduled shoot time, and for providing any gate codes, lockbox codes, or other access information D2 Media needs in advance.

If D2 Media's team cannot access the property at the scheduled time, or the property is not reasonably shoot-ready and additional time is needed, D2 Media may treat the appointment as a no-show under "Cancellation, Rescheduling & No-Show Policy" above, charge for any additional time actually spent, or reschedule at its discretion. D2 Media is not responsible for the condition of the property or for styling/staging decisions the Client did not ask D2 Media to make.

D2 Media values the Client's time in walking the team through the property, but for image quality and turnaround, D2 Media asks that the Client, agents, and any other occupants step outside and away from windows once the shoot begins, and that no one other than D2 Media's team be present inside the property during filming or photography.

08Drone Photography & Video

Where an Order includes drone (aerial) photography or video, D2 Media operates in compliance with FAA Part 107 and applicable local airspace and privacy rules. The Client is responsible for telling D2 Media, before the shoot, about any known flight restrictions affecting the property — for example, proximity to an airport, temporary flight restrictions, HOA drone rules, or no-fly zones.

D2 Media may decline or cut short a drone flight, without a cancellation fee to the Client, if weather, airspace restrictions, safety conditions, or applicable law make it unsafe or illegal to fly. D2 Media is not liable for a drone shoot that cannot be completed for these reasons, though it will use reasonable efforts to reschedule or substitute ground-based photography. Where a package names a specific substitute for aerial photography (for example, a Zillow 3D Tour in the Social package), that substitute is provided at no additional cost.

09Content Engine Services

D2 Media also offers Content Engine, a separate, ongoing service in which D2 Media partners with the Client to plan, script, film, and edit social media content, including branded reels and local home tours, and, where the Client adds Social Media Management, schedules, posts, and manages content on the Client's Instagram and Facebook business accounts and sets up lead-capture automations (such as ManyChat comment and DM automations) connected to those accounts. Content Engine is billed and governed differently from one-time photography/video Orders, as set out below.

Plans & billing. Content Engine is offered under published plans (currently Spotlight and Icon), billed monthly in advance, plus any add-ons ordered separately (currently Social Media Management, which is billed for each posting month in which D2 Media posts for the Client). Each plan's features, price, and listing-media discount are as published on the Website or agreed in writing at signup. A plan's listing-media discount applies to Orders booked while the plan is active and paid up. Each new Content Engine Client pays a one-time onboarding fee of $495 at signing, which covers intake, a social media audit, and setup, and is non-refundable once D2 Media has begun onboarding. Months of service are counted from the day the Client signs on, not by calendar month. Content Engine is billed monthly on that date for the content D2 Media plans and films in that month of service (the "production month"), which is posted in the following month of service (the "posting month"); the first monthly fee is due at signing, together with the onboarding fee. Each production month's work is scheduled once its fee is paid. D2 Media may pause planning, filming, editing, and posting while any Content Engine invoice is past due; delivery and posting dates move back by the length of the pause, and the fees owed are not reduced.

Term & cancellation. Every Content Engine plan has a 3-month minimum term of three production months, starting on the first billing date, then continues month-to-month. Because each production month's content posts in the following month, the minimum term spans about four months of service with Social Media Management, or about three months without it, for the onboarding fee and three monthly plan fees. The Client may renew in the third or fourth month of service so that the next production month begins with no gap. After the minimum term, either party may cancel with 30 days' written notice (email is fine). Content from the Client's last paid production month is still delivered, or posted where the Client has Social Media Management. A Client who cancels before the minimum term ends remains responsible for the remaining months of that term, unless D2 Media agrees otherwise in writing. Fees already paid for the current billing period are non-refundable.

Account access. Where the Client adds Social Media Management, the Client grants D2 Media manager-level access to the Client's Instagram and Facebook accounts (for example, through Meta Business Suite) and to any other social account or tool added to the service, including a ManyChat (or similar) account used for comment and DM automations. The Client retains full ownership of, and responsibility for, those accounts at all times. D2 Media's access is solely to perform the Content Engine services and will be removed within 5 business days of the service ending. The Client is responsible for that platform's own terms of service; D2 Media is not liable for a platform's suspension, removal, algorithm change, or other action affecting the account, or for outages of any third-party scheduling or automation tool used to run the service.

Content ownership. The Client owns the finished posts, reels, and graphics created for their account under Content Engine and may keep using them after the service ends. D2 Media retains ownership of its own templates, systems, and methodology used to produce that content, and may showcase finished work in its own portfolio and marketing unless the Client requests otherwise in writing.

Local Home Tours. Local home tours are included in every Content Engine plan, in the number stated for that plan. The Client is responsible for getting permission from the listing agent, and from the seller or occupant where required, before each tour is filmed, including tours of listings the Client does not represent. D2 Media may decline or reschedule a tour if permission is not confirmed. Tours not used in a given month do not roll over unless D2 Media agrees in writing.

Production schedule. Content Engine runs on a monthly production cycle, and the dates below are targets, not guarantees. Content is planned and filmed in the production month and posted in the posting month that follows. Each production month, D2 Media writes the month's topics, outline, and scripts from the Client's intake form, branding assets, and feedback, and sends them in the first week of each production month; the Client approves them within 48 hours. The Client provides home tour addresses, and confirms the permissions described under Local Home Tours, at least 3 business days before the film day. The month's content is filmed over two film days, generally in the second or third week. Edited content is delivered for the Client's review in the fourth week, the Client requests any revisions and approves it within 48 hours, post dates are confirmed, and posting runs through the posting month. Where the Client has not added Social Media Management, D2 Media instead delivers each month's approved content to the Client, with a suggested posting calendar, once it is approved, and the Client is responsible for posting it. The Client's first month of service is both onboarding and the first production month: the Client pays the onboarding fee and the first monthly plan fee at signing and returns the intake form and branding assets in the first week, and that month's content posts in the following month. If the Client's approvals, feedback, tour details, or permissions arrive late, or the Client reschedules a film day, delivery and posting dates move back accordingly and the month's fee is not reduced. A film day the Client cancels with less than 24 hours' notice, or misses, may not be rescheduled within that month, and the content planned for it does not roll over unless D2 Media agrees in writing.

Content approval & compliance. The Client will review and approve each month's content before it is posted. Once the Client approves a post, reel, caption, or automated message, the Client is responsible for its accuracy and for its compliance with Fair Housing laws and other advertising rules applicable to real estate marketing; D2 Media drafts content in good faith but is not a substitute for the Client's own compliance review as the licensed real estate professional. D2 Media may decline to post content it reasonably believes violates Fair Housing law or a platform's policies.

10Ownership, License & Usage Rights

D2 Media retains all copyright and other intellectual property rights in every photo, video, floor plan, virtual tour, and other Deliverable it produces, whether or not AI-assisted editing (such as virtual staging or virtual twilight) was used.

Upon full payment for an Order, D2 Media grants the Client a non-exclusive, non-transferable license to use the Deliverables for marketing and listing that specific property, including on MLS listings, brokerage websites, social media, and print marketing. This license does not permit the Client to resell, sublicense, or provide the Deliverables to a third party for use on an unrelated property, to claim authorship of the Deliverables, or to alter Deliverables in a way that misrepresents the property, beyond standard cropping or minor color adjustment for the Client's own marketing.

D2 Media may use any Deliverables in its own portfolio, website, social media, and marketing materials unless the Client requests in writing, before or at the time of booking, that specific Deliverables be kept private.

11Revisions, Delivery & File Retention

Standard turnaround time is 24 hours from the date of the shoot for photos, floor plans, drone aerials, and 3D tours. Video products, including the Cinematic Listing Video, Listing Walkthrough Reel, and Social Highlight Clips, are delivered within 72 hours. Deliverables are made available for download through the Booking Platform's delivery galleries.

Each Order includes 1 round of minor revisions (for example, color adjustment or object-removal touch-ups), requested within 12 hours of delivery. Additional revisions, or revisions requested after that window, may be billed at D2 Media's then-current rate.

D2 Media retains raw files and Deliverables for 30 days after delivery, after which they may be deleted. Clients are responsible for downloading and archiving their own copies of Deliverables within that window.

12MLS Compliance & AI-Edited Image Disclosures

Many of D2 Media's Services — including virtual staging, virtual twilight conversion, and other AI-assisted edits — produce images that do not depict the property exactly as it exists. Most MLS systems and real estate associations require these images to be labeled (for example, "virtually staged" or "digitally altered") when used in listings.

D2 Media will label Deliverables it knows to be virtually staged, twilight-converted, or otherwise substantially AI-edited where practical to do so. However, it is the Client's sole responsibility, as the listing agent or property representative, to confirm and comply with the specific disclosure rules of their MLS, brokerage, and any applicable real estate regulations before publishing any Deliverable. D2 Media is not liable for a Client's failure to disclose altered images as required by their MLS or regulator.

13Disclaimers & Limitation of Liability

The Services and Deliverables are provided "as is." D2 Media does not guarantee any specific marketing outcome, including how quickly or for how much a property sells, or how a listing performs on any platform.

To the fullest extent permitted by law, D2 Media's total liability for any claim arising from an Order is limited to the amount the Client paid for that specific Order. D2 Media is not liable for indirect, incidental, special, or consequential damages, including lost profits or lost business opportunities, even if advised of the possibility of such damages.

D2 Media is not responsible for delays or failures to perform caused by events beyond its reasonable control, including severe weather, denied property access, equipment failure, or Booking Platform outages.

Assumption of risk & release. Client assumes all risk of loss, damage, or injury connected with a shoot at the property, including risks related to the property's condition, pets, other people present, or third parties on site. To the fullest extent permitted by law, Client releases D2 Media, its owner, employees, and contractors from, and will not hold them liable for, any claim of property damage, bodily injury, or business loss arising out of or in connection with a shoot or the Services — except to the extent a claim arises from D2 Media's gross negligence or willful misconduct, which California law does not allow a business to disclaim.

Insurance. D2 Media carries general liability insurance. That coverage does not expand D2 Media's liability beyond what is stated in these Terms and is not a substitute for the Client's own insurance. D2 Media strongly encourages Clients, and property owners where different, to maintain their own homeowner's, business, or liability insurance covering the property and everyone present during a shoot.

14Indemnification

The Client agrees to indemnify and hold D2 Media, its owner, employees, and contractors harmless from any third-party claim, loss, or expense (including reasonable attorneys' fees) arising from: (a) the Client's use, alteration, or distribution of Deliverables or Content Engine content, including content the Client approved under "Content Engine Services"; (b) the Client's violation of these Terms, any applicable law, or a third party's rights; or (c) inaccurate or misleading information the Client provided to D2 Media about a property or listing.

15Third-Party Platform (Fotello)

D2 Media uses Fotello (app.fotello.co and related domains), a third-party software platform, to manage bookings, scheduling, payment processing, photo/video editing workflows, and delivery of Deliverables. Fotello is owned and operated by a separate company; D2 Media does not control Fotello's infrastructure, uptime, security practices, or data handling beyond the information D2 Media itself enters or configures.

Information you submit through the Booking Platform — such as your name, email, phone number, company name, and payment details — is processed subject to Fotello's own terms of service and privacy policy, in addition to these Terms. D2 Media is responsible for the Services it performs and the Deliverables it produces, but is not responsible for outages, bugs, data-export limitations, or security incidents originating solely from the Fotello platform itself.

If the Booking Platform is unavailable, D2 Media will make reasonable efforts to communicate with Clients directly (for example, by phone or email) to complete or reschedule affected Orders.

16Term, Termination & Changes to These Terms

These Terms apply for as long as you use the Website, the Booking Platform in connection with D2 Media, or the Services. D2 Media may update these Terms at any time; the effective date at the top of this page reflects the date of the most recent change, and continued use of the Website, Booking Platform, or Services after an update means you accept the revised Terms.

D2 Media may decline, pause, or cancel an Order, or suspend a Client's access to the Booking Platform, for nonpayment, abusive conduct toward D2 Media's team, or violation of these Terms.

17Governing Law, Venue & Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. Any dispute arising from these Terms or the Services that cannot be resolved informally will be subject to the exclusive jurisdiction of the state or federal courts located in Santa Clara County, California, except that either party may bring an individual claim in small claims court.

Before filing any formal claim, the parties agree to first attempt to resolve the dispute informally by contacting the other party in writing and allowing 30 days to respond.

18General Provisions

Entire agreement. These Terms, together with any specific Order or plan details agreed to at booking or signup, are the entire agreement between the Client and D2 Media regarding the Services, and replace any earlier discussions or agreements on the same subject.

Severability. If any part of these Terms is found unenforceable, the rest remains in full effect, and the unenforceable part will be read to accomplish its intent as closely as the law allows.

No waiver. D2 Media's failure to enforce any part of these Terms is not a waiver of its right to do so later.

Assignment. D2 Media may assign or transfer these Terms in connection with a sale or reorganization of its business. The Client may not assign these Terms without D2 Media's written consent.

Notices. Notices under these Terms may be sent by email to the address D2 Media or the Client has on file and are considered received when sent.

Electronic communications. By booking Services, the Client consents to receive booking confirmations, invoices, and other communications electronically.

19Contact Information

Questions about these Terms can be directed to:

D2 Media · Attn: Drake Dileonardo · Email: drake@d2remedia.com · Call or text: (408) 630-1343