Matterport AWS Marketplace Addendum

Last updated: August 4, 2023

This AWS Marketplace Addendum (“Marketplace Addendum”) supplements the Platform Services Agreement (“PSA”), Capture Services Terms, Hardware Terms and Conditions of Sale and Terms of Use (collectively referred to as the “Matterport Terms” and, together with this Marketplace Addendum, the “Agreement”) for Customers purchasing any Service directly through the AWS Marketplace, a digital marketplace provided by Amazon Web Services, Inc. (“AWS”). This Marketplace Addendum only applies to Customers who purchase Services directly through the AWS Marketplace. Undefined capitalized terms used in this Marketplace Addendum will have the meaning set forth in the Matterport Terms.

1. AWS Is an Authorized Reseller; Governing Contracts. AWS is deemed to be an Authorized Reseller of Platform via the AWS Marketplace. Use of the Services will be governed by the Agreement, and AWS is not a party to the Agreement. Customer will also be subject to terms and policies directly with AWS (“AWS Services Agreements”) governing Customer’s use of AWS Marketplace and other services that AWS provides directly in connection with the Services (“AWS Services”). Customer’s use of any AWS Services will be governed solely by the AWS Services Agreements. Matterport is not a party to the AWS Services Agreements between AWS and Customer.

2. Compliance with AWS Services Agreements. Customer must comply with the AWS Services Agreements, including without limitation the AWS Acceptable Use Policy, at all times in connection with its use of AWS Marketplace, any other AWS Services and the Services.

3. AWS’ Termination Rights. AWS has the right to terminate Customer’s use of the Services at any time in accordance with the AWS Services Agreements. Furthermore, AWS will have the right to disable or remove any Services (or any Customer Data stored in the Services) if: (a) AWS determines that the Services (or any Customer Data stored in the Services) violates any AWS Services Agreements or applicable laws or regulations; or (b) Customer fails to pay to AWS any fees for the Services when due. MATTERPORT WILL HAVE NO LIABILITY FOR ANY TERMINATION, SUSPENSION, DISABLING OR REMOVAL OF THE SERVICES (OR ANY CONTENT STORED IN THE SERVICES) INITIATED OR REQUIRED BY AWS THAT RESULTS FROM ANY ACT OR OMISSION OF CUSTOMER, INCLUDING WITHOUT LIMITATION CUSTOMER’S VIOLATION OF ANY AWS SERVICES AGREEMENTS OR ANY ORDER BETWEEN CUSTOMER AND AWS.

4. Customer Cancellations. Despite anything to the contrary in Matterport Terms, if Customer desires to cancel any subscription to any Service, Customer must do so only through the AWS website.