Terms of service
1.1 Property Information
• Customer is responsible for providing accurate details about the property to be captured as part of the Space Services order.
• Pricing is based on one (1) 3D digital twin per property. Additional digital twins for the same property will incur separate charges.
1.2 Property Access
• Customer must provide access to the property on the scheduled date and time.
• If the Capture Specialist cannot access the property or contact the on-site representative, the capture will be canceled, and the Customer will be charged a $300 cancellation fee.
1.3 Payment Terms
• Space Venture will bill 50% of the agreed Capture Commitment amount upfront, with equal weekly installments (amount TBD) starting from the Order Effective Date.
• Any additional charges or outstanding balances will be invoiced at the end of the Term. Payments are due within 14 days of the invoice date.
1.4 Term
• The Term of the order ends on the Capture Period End Date or when the Capture Commitment is fulfilled, whichever occurs first.
• If the Capture Commitment is satisfied early, all remaining installments become immediately due.
1.5 Unused Services
• Digital Twin Services must be completed within the Term. Unused services will be forfeited, with no refunds or credits issued.
2. Payments, Cancellations, Copyright, & Hosting
2.1 Cancellations
• Appointments canceled with less than 24 hours’ notice incur a fee of 50% of the project value or $180 (whichever is higher).
2.2 Copyright
• Photography and media created during services can be used by the original client or company that paid for the services.
• Photographers retain copyright ownership under U.S. law. Transfers of copyright require direct arrangements with VirtualSpace.
2.3 Hosting
• Matterport Spaces are hosted in the Matterport Cloud.
• Hosting fees are $60 per active space for 12 months, billed monthly or annually. If hosting is terminated, spaces are archived and can only be restored or transferred upon payment of past due fees ($50 per space).
3. Customer Obligations
3.1 Use of Services
• Customers must ensure proper use of services and prevent unauthorized access.
• End Users are limited to a single individual account and must comply with the Acceptable Use Policy.
3.2 Third-Party Apps and Integrations
• Space Venture is not responsible for the actions of third-party applications used in conjunction with its services.
4. Intellectual Property
4.1 Ownership
• Space Venture retains ownership of all intellectual property, including updates and enhancements.
• Customer grants Space Venture a license to use data provided during services for operational improvements.
4.2 Customer Data Protection
• Space Venture will implement and maintain industry-standard security measures to protect Customer data.
4.3 Suggestions and Feedback
• Feedback provided to Space Venture may be used to enhance services without obligation to the Customer.
5. Termination
5.1 Termination by Either Party
•Either Party may terminate this Agreement for material breach if not resolved within 30 days of written notice or if the other Party ceases operations.
5.2 Post-Termination
• Upon termination, Space Venture will provide access for Customer Data export. Any remaining data may be deleted after a commercially reasonable period.
6. Dispute Resolution
6.1 Arbitration
• Any disputes will be resolved through binding arbitration administered by the American Arbitration Association.
6.2 Exception
• Claims for injunctive relief related to intellectual property may be brought in New York courts.
7. Miscellaneous
7.1 Modifications
• Space Venture may update terms and will notify the Customer of material changes. Continued use of services constitutes agreement to revised terms.
7.2 Force Majeure
• Neither Party is liable for failure to perform due to events beyond their control, such as natural disasters or government actions.
7.3 Entire Agreement
• This Agreement supersedes all prior agreements and constitutes the entire understanding between the Parties.
