- General product offering definition and pricing
- CoreVR and CustomVR definitions, availability, and pricing
- Accessibility information for viewing and sharing VR Spaces
- License to use VR services
- Restrictions on reverse engineering, copying, etc. using the VR Space
- Licenses to Matterport to use the VR Space
As this is a new section, we encourage you to read it in its entirety on the Terms of Service site.
As between the parties to this Agreement, You are responsible for all of all Raw Sensor Data, Your Uploaded Content and Derived Imagery, including for the accuracy, legality and integrity of such content. For any location that is captured in Raw Sensor Data, You shall obtain in advance all consents, approvals, licenses, and permissions necessary to capture and use imagery of such location. Matterport shall have the right (but not the obligation) in its sole discretion to remove from the Matterport Cloud any such content that violates this Agreement or any of Matterport’s policies and procedures, or is otherwise objectionable. You represent and warrant that You have all rights, consents and/or permissions necessary to grant Matterport the licenses set forth in Section 3.7, including under any and all copyright and other intellectual property rights, as well as any moral rights, rights of privacy, rights of publicity and similar rights of any type in or to all Raw Sensor Data, Your Uploaded Content and Derived Imagery. YOU SHALL NOT CAUSE TO BE UPLOADED ON THE MATTERPORT CLOUD ANY CONTENT FOR WHICH YOU DO NOT HAVE ALL SUCH NECESSARY OWNERSHIP RIGHTS AND/OR LICENSES, CONSENTS OR PERMISSIONS.
Unless otherwise mutually agreed in writing with Matterport, Your subscription to the Matterport Cloud will be on either a monthly or an annual basis, commencing on the earlier to occur of: (a) the date you first upload to the Matterport Cloud; or (b) if Your account is set up as part of a purchase of Your first camera, fourteen (14) business days after Your first camera is shipped. If You purchase a Matterport Cloud-Only account, Your subscription will commence on the earlier to occur of (a) the date you first upload to the Matterport Cloud or (b) fourteen (14) business days after Your account is set up.
[General Terms] 4.1. Subscription Fees
Except as provided below, Your right to access and use the Matterport Cloud for each Subscription Period is subject to Matterport’s receipt of the then-applicable subscription fee for such Subscription Period. Matterport will charge the initial subscription fee on the first day of the calendar month after Your camera was shipped, along with the subscription fee for Your second month. The first month’s subscription fee will be prorated for Your subscription start date.
[General Terms] 10. TERM AND TERMINATION
- 10.1. Term. The term of this Agreement will commence upon Your acceptance of this Agreement as set forth in Section 1 and, unless earlier terminated as set forth herein, will continue for the Subscription Period.
- 10.2. Termination by You. You may terminate this Agreement (cancelling Your access to the Matterport Cloud) at any time, provided that such termination will become effective as provided in Section 3.2.
- 10.3. Termination by Matterport. Matterport may terminate this Agreement (and cancel Your access to the Matterport Cloud or any component thereof) at any time if You have failed to pay any subscription fee or additional fees when due and failed to make such payment within thirty (30) days after receiving a reminder from Matterport in writing. Matterport may also terminate this Agreement (and cancel Your access to the Matterport Cloud or any component thereof) prior to the end of any Subscription Period if You have committed any other material breach of this Agreement and failed to cure such material breach within ten (10) days after receiving written notice of the breach from Matterport.
- 10.4. Effect of Expiration or Termination. Upon any expiration or termination of this Agreement: (a) Your access to the Matterport Cloud (and access for every Authorized User under Your account) will be deactivated unless You enter into a new subscription on Matterport’s then available terms (and Matterport may elect in its discretion not to offer You a renewal subscription to the Matterport Cloud for a new Subscription Period); (b) Matterport will have the right to continue to host and display any Spaces and VR Spaces as provided in the Spaces Processing and Hosting Terms and VR Terms; and (c) Your subscription fee (or any portion thereof) for the Subscription Period then in effect will not be refunded. In the event that Matterport terminates this Agreement pursuant to Section 10.3, notwithstanding anything in the Spaces Processing and Hosting Terms to the contrary, Matterport will have no further obligation to deliver to You, or make available to You for download, any portion of Your Spaces, VR Spaces, Derived Imagery, Standard 3D Models, or other Exportable Files.
- 10.5. Survival. Upon the expiration or termination of this Agreement, the rights and obligations of the parties will cease, except for the rights and obligations in all provisions of this Agreement that by their nature contemplate performance after the expiration or earlier termination hereof, including without limitation under Sections 1, 2, 3.1, 3.4, 5, 6, 7, 8, 9, 10.4 and 11.
During the Subscription Term, subject to any limitations of the applicable Subscription Level, You will have the ability to export and download Exportable Files from any of Your Spaces, as applicable, then in existence on the Matterport Cloud, provided that: (a) You first pay Matterport’s then-current standard download fee, if applicable based on Your subscription, for each Exportable File in such export; and (b) You export and download Exportable Files only through available end-user functionality or authorized access to APIs on the Matterport Cloud. You will have the right to download that file as many times as You wish during the term of this Agreement, provided that You first pay the download fee, if applicable. You acknowledge that Matterport is not obligated to provide You with any support in connection with such Exportable File following expiration or termination of this Agreement. You further acknowledge that, other than the access Matterport provides, during the Subscription Period, to Spaces via the Matterport Cloud and as otherwise expressly provided in this Section 2.8 and Sections 2.3 and 2.4, Matterport has no obligation to provide You with an export file or any other download of the Space Imagery, Space Metadata or Positional Technology at any time during or after the Subscription Period.
Unless You notify Matterport in writing that You do not wish for Matterport to list Your name and logo, Matterport will have the right to include, on its website and sales collateral, Your name and Your logo (if any) in lists that identify customers of the Matterport Cloud, provided that Your name and logo shall be no more prominently featured than references to any other customers.