Capture Services On Demand Terms

March 01, 2025

BY COMPLETING THE ORDERING PROCESS FOR CAPTURE SERVICES AND ACTIVATING THE CONFIRM BUTTON, YOU AGREE TO THE FOLLOWING CAPTURE SERVICES ON DEMAND TERMS ("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 ON DEMAND TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY.

These On Demand Terms are entered into between you (“You” or “Your”) and Matterport, LLC, (“Matterport”), with its headquarters located at 352 East Java Drive Sunnyvale, CA 94089, as of the date (“Effective Date”) that You click the “Confirm” button (or functional equivalent) on any Order for Capture Services.

These On Demand Terms supplement and incorporate by reference 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 a Matterport Space.

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

1. Definitions and Interpretation

The following words and expressions shall have the following meanings, unless the context requires otherwise:

“Cancellation Fee” means the amount that You paid at the time of placing Your Order for the Capture Services (including any applicable Travel Surcharges), 100% of which will be retained by Matterport to compensate it for the lost appointment time and resources.

“Capture Services” means Matterport’s digital imagery capture services (including but not limited to 3D photography), as performed by a Third-Party Operative acting on Matterport’s behalf.

“Capture Services Fees” means all of the fees payable in respect of the Capture Services, as indicated on a Capture Services Order or as provided to You by Matterport, including Travel Surcharges and Cancellation Fees.

“Capture Services Job” or “Job” means the performance of the Capture Services in respect of a particular Subject Property.

“Job Request” has the meaning given in Clause 2.2 of these On Demand Terms.

“On-Site Contact” means the relevant on-site individual who will grant Matterport and/or Third-Party Operatives access to each Subject Property or other such essential information necessary to access the Subject Property. 

“Order” means a written, click to accept or electronic document entered into between You and Matterport for ordering the Capture Services.

“Overage” has the meaning given in Clause 4.1 of these On Demand Terms. 

“Property Information” means the information regarding each Subject Property to be provided via the Subject Property Form and which shall include, without limitation, details of: (a) the location (including the address) of each Subject Property; (b) the type of Subject Property (residential or commercial); (c) the size (in square feet or square meters) of each Subject Property; (c) the name and contact details of the On-Site Contact; (d) any applicable safety rules and procedures which are in force (or otherwise apply) at each Subject Property and with which You require the relevant Third-Party Operative to comply; or (e) any particular hazards (or similar) at each Subject Property.

“Relevant Time” has the meaning given in Clause 2.3 of these On Demand Terms. 

“Subject Property” has the meaning given in the introductory paragraphs above. 

“Subject Property Form” means the form made available to You by Matterport via which the Property Information must be provided to Matterport. 

“Third-Party Operative” means a third-party sub-contractor appointed by Matterport to perform the Capture Services for and on Matterport’s behalf.

“Travel Surcharge” has the meaning given in Clause 4.3 of these On Demand Terms.

2. Provision of Capture Services

2. 1. Subject to these On Demand Terms, the Terms of Use and PSA, and in consideration of the payment of the Capture Service Fees (and any relevant Travel Surcharge), Matterport hereby agrees to procure the performance of the Capture Services at (and in respect of) each Subject Property. You acknowledge and agree that each Third-Party Operative who performs the Capture Services on behalf of Matterport shall be a third-party sub-contractor of Matterport and shall not be employed by Matterport.

2.2 To commence a Capture Services Job, You shall provide Matterport with a completed Subject Property Form (each instance a “Job Request”). You shall be liable and bound by each Job Request submitted via the Subject Property Form. You are solely responsible for providing accurate information about each Subject Property and shall be liable for any costs incurred by Matterport arising out of or in connection with any incorrect information that is given. 

2.3 As part of Your submission of a Job Request to Matterport, You shall designate the date and time on which the Capture Services Job shall be performed (the “Relevant Time”). In the event the Property Information indicates the Subject Property is not readily accessible or involves challenges to access or a hazardous environment, Matterport reserves the right to cancel the Job Request and charge You a Cancellation Fee.

3. Your Obligations

3.1 You are responsible for providing appropriate access to each Subject Property at the Relevant Time. If Matterport or the Third-Party Operative is unable to: (a) promptly access a Subject Property (or relevant area thereof in respect of which the Capture Services have been ordered) at the Relevant Time; and (b) Your On-Site Contact is unavailable at the Relevant Time to provide access, the relevant Capture Services Job may be cancelled by Matterport and You shall be assessed a Cancellation Fee.

3.2 You hereby represent, warrant and undertake to Matterport that: (a) You have all necessary rights, permissions and licenses to permit Matterport to (i) procure the provision of the Capture Services by the Third-Party Operative at each Subject Property and (ii) host and display the resulting  Matterport Space on the Platform; and (b) the Property Information shall be complete and accurate.

3.3 You undertake that you shall prepare the Subject Property for capture per Your requirements prior to Matterport or its Third Party Operative arriving. The Subject Property will be captured by Matterport or its Third Party Operative “as-is”. Neither Matterport nor its Third Party Operatives are responsible to modify or otherwise prepare the space at the time of capture.

4. Fees and Payment

4.1 Capture Services Fees. The Capture Services Fee payable in respect of a Subject Property will be determined at the time you place your Order. The Capture Services Fees that will be incurred when You place a Job Request are based on the Property information You enter as part of the Job Request.  You undertake and are responsible for provide accurate Property Information about the Subject Property to be captured as part of the Job Request.  If Matteport determines that the Property Information submitted in the Job Request differs from the actual size of the Subject Property, Matterport may adjust the Capture Services Fees attributable to the Capture Services performed based on the actual size of the Subject Property with the effect that You may be charged an additional Capture Service Fee (“Overage”). Please refer here for more information on how an Overage is calculated and assessed.

4.2 Travel Surcharge. Depending on the location of Your Subject Property, a Travel Surcharge may be assessed which will be identified prior to placing Your Order and will be included as a part of the total Capture Services Fees for Your Job Request. 

4.3 Cancellation and Rescheduling.

  • 4.3.1 In the event that You require the cancellation or rescheduling of a Capture Services Job then depending on when the request is made, the following will be applicable: 

    • 4.3.1.1 Within 24 Hours: If a Capture Services Job is cancelled or rescheduled less than 24 hours before the Relevant Time, You shall be assessed a Cancellation Fee. 

    • 4.3.1.2 Greater than 24 Hours: If a Capture Services Job is cancelled or rescheduled more than 24 hours before the Relevant Time, the performance of the Capture Services Job may be cancelled or rescheduled and no Cancellation Fee shall be assessed. In cases of cancellation more than 24 hours before the Relevant Time, Matterport will provide a credit to your Matterport Account equal to the amount that You paid at the time of placing Your Order for the Capture Services (including any applicable Travel Surcharges) which may be used for future purchases. Refunds may be provided instead for such cancellations in Matterport’s sole and absolute discretion. 

    • 4.3.1.3 Inclement Weather. In the event that the exterior of the Subject Property cannot be captured due to inclement weather at the Relevant Time and You do not cancel the Capture Services Job and the interior of the Subject Property is captured, You may schedule a subsequent Job Request to perform the Capture Services on the exterior of the Subject Property. With this new Job Request, a new Capture Services Fee will be calculated based on the new Order placed which will be separate and apart from the original Capture Services Fee paid.

  • 4.3.2 In the event that Matterport is unable to fulfill a Job Request at the Relevant Time, then Matterport will reach out to You to reschedule a Capture Services Job or cancel the Job Request, in which case Matterport will refund You for the Capture Services Fees paid based on Your default payment method on file.

4.4 Digital Pro Orders.  For purposes of any Order placed for Digital Pro, the fees for such Order shall be considered Capture Services Fees.

5. Limited Warranty

Notwithstanding Clause 10 of the Terms of Use, Matterport hereby warrants that the Capture Services will be performed in a professional and workmanlike manner. For any breach of this warranty, Your sole and exclusive remedy, and Matterport’s entire liability shall be the re-performance of the non-conforming Capture Services. In the event that You regard the foregoing warranty as having been breached, You shall notify Matterport of this in writing within five (5) Business Days of the completion of the performance of the relevant Capture Services. Matterport shall have no liability in respect of any warranty claim brought after the expiry of this period. THE WARRANTY AND REMEDY IN THIS CLAUSE 5 IS IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, USEFULNESS, OR TIMELINESS.

6. Governing Law and Jurisdiction

These On Demand Terms are governed by and shall be construed in accordance with the governing law and jurisdiction provisions set forth in the Terms of Use, which are hereby expressly incorporated by reference into these On Demand Terms.