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Matterport launches program for Partners to build & commercialize apps and integrations. Learn more

Sales: +1(888) 993-8990

Matterport launches program for Partners to build & commercialize apps and integrations. Learn more

Sales: +1(888) 993-8990

Capture Services Standard Product Customer Agreement

Last updated: April 23, 2021

BY CLICKING THE “CONFIRM” BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THE MATTERPORT CAPTURE SERVICES PROGRAM. IF YOU ARE ENTERING INTO THIS AGREEMENT 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.

This Matterport Capture Services Agreement (“Capture Services Agreement”) is 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”) click “Submit”.

The Capture Services Agreement supplements the online Matterport Cloud Subscription Agreement, available at https://matterport.com/legal/cloud-subscription-agreement, or any successor agreement available at that URL (the “CSA”), which governs Your use of the Matterport Portal.  Undefined capitalized terms used herein shall have the meaning set forth in the CSA. 

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

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

 

  1. Capture of Properties.  
    1. Matterport (or its subcontractors) will capture digital imagery (“Capture Services”) of each requested Property at a mutually agreed date and time, and You shall ensure that the Property is available to Matterport (or its subcontractors) at such date and time.
    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 Property and to host, display and distribute Models.
    3. For each requested Property, Matterport will deliver a shareable 3D model (“Model”).  The Model will be delivered into the Subscription Plan associated with the account through which the Capture Services was ordered.
  2. Terms of Subscription.  
    1. Fees.  
      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.  
        1. The fees as presented in this order is based on the Property information you entered as part of the order.  You are responsible for providing accurate information about the Property to be captured as part of the order.  If the property information differs from the actual Property information, additional Service fees may apply. 
      2. Cancellation Fee. 
        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. 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. 
    1. Ownership and Licensing shall be determined pursuant to the CSA.
  4. Acceptance of Agreement.  
    1. The parties hereto agree to be bound by the terms and conditions of the CSA. In the event of any conflict between the provisions of this Agreement and those of the CSA, the provisions of this Agreement shall govern with respect to the subject matter of this Agreement.  
  5. Miscellaneous.  

You are responsible for providing access to the Property on a scheduled date and time.  If the Capture Technicians cannot access the space 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.

 

ATTENTION! THE PRECEDING TERMS AND CONDITIONS WILL BE LEGALLY BINDING UPON YOU BY CLICKING THE “CONFIRM” BUTTON DISPLAYED HEREWITH.