FGS Media™, TourNexa™, and EKKO™

Effective Date: 03-31-2026

1. Introduction:
   These Terms of Service (“Terms”) govern the use of services, platforms, and websites operated by FGS Media™, including TourNexa™ and EKKO™ (collectively, the “Services”). FGS Media™ provides CGI rendering, photography, virtual staging, 360° imaging, media production, immersive environments, and related digital services. TourNexa™ is a hosted virtual tour and immersive environment platform. EKKO™ is an AI-driven conversational agent and automated interaction system embedded within those environments. By accessing or using any of these Services, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
2. Definitions:
   Client means any individual or entity purchasing services or interacting with the Services.
   Deliverables means final exported images, videos, 360° panoramas, virtual tours, AI-generated outputs, or other media provided to the Client.

   Production Assets means all internal proprietary files, including but not limited to 3D scenes, lighting setups, materials, shaders, workflows, AI prompts, agent logic, TourNexa backend structures, and automation systems.
   AI Systems means EKKO™, TourNexa™ automation, and any large language model or agentic system used by the Company.

3. Platform License:
   FGS Media grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended purposes. No ownership rights are transferred to users except where explicitly agreed in writing. All rights not expressly granted are reserved by FGS Media.
4. Pricing, Billing and Payment:
   Pricing is based on current rates at the time services are contracted. Payment is due prior to final delivery unless otherwise agreed in writing. All invoices must be paid in full without deduction or delay. Refunds are issued solely at the discretion of FGS Media. Payments processed through third-party providers including PayPal®, Stripe®, Square®, ACH providers, or other financial institutions are subject to those providers’ policies. FGS Media does not store full financial account data and is not responsible for processor decisions, holds, declines, or chargebacks.
5. Deliverables and Service Output:
   FGS Media provides visual and digital outputs including renderings, concept designs, photography, video, virtual tours, and AI-generated content. Deliverables consist only of final exported outputs. Deliverables do not include native working files, source files, or internal systems unless explicitly agreed in writing. Excluded items include but are not limited to native 3D files (Revit, SketchUp, Blender, D5, Unreal), material libraries, lighting systems, internal workflows, TourNexa backend structures, and EKKO logic or scripting.
6. Proprietary Production Assets:
   All Production Assets remain the sole and exclusive property of FGS Media. These include enhanced models, rendering setups, AI workflows, agent architectures, and platform systems. FGS Media does not release source files or internal systems under any circumstance unless a separate written licensing agreement is executed and paid for.
7. Visual Representation Disclaimer:
   Rendered imagery may include artistic interpretation and enhancements for presentation purposes. Colors, materials, lighting, landscaping, and finishes may differ from real-world conditions. Furniture, fixtures, equipment, and decorative elements shown are for illustrative purposes only and are not guaranteed to exist in actual environments. Concept designs may not reflect exact dimensions or construction conditions and are not intended for construction, engineering, or regulatory use. Clients are responsible for verifying all measurements, clearances, and compliance requirements.

8. Data Collection and Privacy:
   By using the Services, users consent to the collection of contact information, interaction data, device information, and behavioral analytics as described in the Privacy Policy. User data is shared only with the business or representative directly engaged by the user. Data is not sold or distributed to unrelated third parties. Users may request data access, correction, or deletion in accordance with applicable law.

9. Email Communications and Compliance:
   By submitting information through the Services, users consent to receive transactional communications and, where applicable, marketing communications. All marketing communications comply with applicable laws including the CAN-SPAM Act and include clear sender identification, a valid physical mailing address, and a functional unsubscribe mechanism. Users may opt out of marketing communications at any time. Transactional communications necessary to provide services may still be sent.

10. AI and Agentic Systems:
    The Services include AI-driven systems that may respond to inquiries, guide users, classify leads, and generate automated outputs. AI systems may operate autonomously and generate responses based on available data and interaction patterns. AI outputs may be incomplete, inaccurate, or misinterpreted. They are provided for general informational purposes only and do not constitute professional advice. Users agree not to rely on AI-generated outputs for legal, financial, architectural, engineering, medical, or regulatory decisions. Users may not attempt to reverse engineer, extract, manipulate, or exploit AI systems or workflows.

FGS Media is not responsible for decisions, actions, or outcomes resulting from AI-generated content.

11. Acceptable Use:
    Users agree not to misuse the Services. Prohibited activities include unauthorized access, system interference, reverse engineering, scraping, or using the Services for unlawful purposes.

FGS Media reserves the right to suspend or terminate access at its sole discretion.

12. Client Responsibilities:
    Clients are responsible for providing accurate information, reviewing deliverables, verifying specifications, and ensuring compliance with applicable laws and regulations. FGS Media is not responsible for errors resulting from inaccurate or incomplete client-provided information.
13. Warranties Disclaimer:
    All Services are provided “as is” without warranties of any kind, including but not limited to accuracy, fitness for a particular purpose, merchantability, system availability, or AI output reliability.
14. Limitation of Liability:
    To the maximum extent permitted by law, FGS Media shall not be liable for indirect, incidental, consequential, or special damages, including loss of revenue, business interruption, or reliance on outputs. Total liability is limited to the amount paid by the client for the specific service giving rise to the claim.
15. Indemnification:
    Users agree to indemnify and hold harmless FGS Media from any claims arising from misuse of Services, violation of these Terms, or reliance on outputs.
16. Platform Access and Termination:
    FGS Media may suspend or terminate access to any Service at any time for violations of these Terms, misuse, or operational reasons.
17. Service Availability and Force Majeure:
    FGS Media is not responsible for delays or service interruptions caused by events beyond its control, including hosting failures, network outages, or third-party disruptions.
18. Third-Party Services:
    FGS Media is not responsible for third-party platforms, services, or integrations used in connection with the Services.
19. Governing Law:
    These Terms are governed by the laws of the State of Texas. Venue shall be in Collin County, Texas, unless otherwise required by applicable law.
20. Modifications:
    FGS Media may update these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.
21. Contact:
    FGS Media
    91 Seattle Slew Ln
    Fairview, TX 75069
    United States
    [email protected]
    469-578-2633