Capture Services On Demand Terms

October 01, 2022

BY COMPLETING THE ORDERING PROCESS FOR CAPTURE SERVICES, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THE MATTERPORT CAPTURE SERVICES ON DEMAND PROGRAM ("ON DEMAND TERMS"). IF YOU ARE ENTERING INTO THESE ON DEMAND TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY.

These On-Demand Terms are entered into between You and Matterport Inc., (“Matterport”), with its headquarters located at 352 East Java Drive Sunnyvale, CA 94089, as of the date (“Effective Date”) that You (hereafter referred to as “Partner”) complete any order for Capture Services On Demand.

These On Demand Terms supplement Matterport's online Terms of Use ("Terms of Use") and Platform Subscription Agreement, or any successor agreement (the "PSA"), which govern Your use of our services and the Matterport Platform.  Undefined capitalized terms used herein shall have the meaning set forth in the Terms of Use or PSA. 

WHEREAS, You desire to engage Matterport or its subcontractor to provide certain services necessary to scan requested locations (or physical addresses) (each a “Subject Property”) for the purpose of creating ashareable 3D Matterport Space (“Services”).

NOW, THEREFORE, for adequate consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

  1. Capture of Properties.

    • 1.1. Matterport (or its subcontractors) will capture digital imagery (“Capture Services”) of each requested Subject Property at a mutually agreed date and time, and You shall ensure that the Subject Property is available to Matterport (or its subcontractors) at such date and time.

    • 1.2. You represent and warrant that You have all necessary permissions and consents to allow Matterport (or its subcontractors) to capture digital imagery of the Subject Property and to host, display and distribute Matterport Spaces.

    • 1.3. For each requested Subject Property, Matterport will deliver a Matterport Space.  The Matterport Space will be delivered into the Platform Subscription Plan associated with the account through which the Capture Services was ordered.

  2. Terms of Subscription.

    • 2.1. Fees.  

      • 2.1.1. Services.  You agree to pay the fees as presented in this order to confirm Your appointment.  If payment is not received, Matterport will cancel the appointment at no cost to You unless such appointment was scheduled to occur within 24 hours of scheduling, in which case a Cancellation Fee may apply.  

        • 2.1.1.1.The fees as presented in this order is based on the Subject Property information you entered as part of the order.  You are responsible for providing accurate information about the Subject Property to be captured as part of the order.  If the property information differs from the actual Subject Property information, additional Service fees may apply. 

      • 2.1.2. Cancellation Fee. 

        • 2.1.2.1. If you cancel a Capture Services appointment, Matterport will provide you a credit for the full value of the Services Fee if the cancellation occurs greater than 24 hours before the scheduled Capture Service appointment.

        • 2.1.2.2. If you cancel or reschedule a Capture Services appointment less than 24 hours before its scheduled time, no refund or credit will apply (the “

          Cancellation Fee”).  

  3. Ownership and Licenses. 

    • 3.1. Ownership and Licensing shall be determined pursuant to the PSA.

  4. Acceptance of Agreement.

    • 4.1. The parties hereto agree to be bound by the terms and conditions set out in these On Demand Terms. In the event of any conflict between the provisions of these On Demand Terms and those of the Terms of Use or PSA, the provisions of these On Demand Terms shall govern with respect to the subject matter of these On Demand Terms.  

  5. Miscellaneous. You are responsible for providing access to the Subject Property on a scheduled date and time.  If the Capture Technicians cannot access the area on the scheduled date and time, and/or they cannot reach the on-site contact, the Service will be cancelled, and You will be charged a Cancellation Fee.