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Additional Terms for Add-On Products or Services

Last update: August 30, 2021

Definitions:

“BIM” means Building Information Modeling

 “Fixed Digital Objects” means digital files or metadata such as visual files, spherical images, Mattertag Content, digital media, or other information, that can be displayed in specified locations within a Standard 3D Model through use of Positional Technology.

“Mattertag Content” means text annotations, hyperlinks, images, videos, and other rich media content that are uploaded to a Space. 

“Non-Fixed Digital Objects” means digital files or metadata such as visual files, spherical images, Mattertag Content, digital media, or other information, that have no defined position within a Standard 3D Model and therefore cannot be displayed in specified locations therein.

“Positional Technology” means Matterport’s proprietary technology and data that specifies the location of Fixed Digital Objects and Space Imagery within a Space.

“Space” means the combination of a Standard 3D Model, Space Imagery, Positional Technology and Space Metadata that is displayed through a Showcase.

“Space Imagery” means imagery that combines Fixed Digital Objects, in whole or in part, with a Standard 3D Model.

“Standard 3D Model” means a digital 3D model produced by or from any Camera.

 

SCHEMATIC FLOOR PLAN TERMS

If You use the Matterport Cloud to generate Schematic Floor Plans, these Schematic Floor Plan Terms shall apply in addition to the general terms and conditions set forth in Matterport Cloud Subscription Agreement (the “CSA”).


1. Schematic Floor Plan Services

Matterport, in its sole discretion, may elect to offer through the Matterport Cloud an additional service (“Schematic Floor Plan Service”), through which Matterport will create a schematic floor plan from Your existing Standard 3D Models stored on the Matterport Cloud (“Schematic Floor Plan”). If You choose to use the Schematic Floor Plan Service, You must designate and provide Matterport with access to the Standard 3D Models for which You are requesting a Schematic Floor Plan and pay the additional fee for the service posted on the Matterport website. You will be charged, via Your payment method on file, for each Schematic Floor Plan delivered. Matterport reserves the right to terminate the Schematic Floor Plan Service at any time in its sole discretion. Once the Schematic Floor Plan Service terminates, Matterport will have no further obligation to create or provide any additional Schematic Floor Plans ordered after the date of termination.


2. Licenses and Ownership

2.1. License to Matterport. You hereby grant Matterport a royalty-free, worldwide, non-exclusive right to use Your Standard 3D Models to create the Schematic Floor Plans.

2.2. Responsibility for Content. You shall be responsible for: (a) any content of Your Standard 3D Models; (b) the content of any Schematic Floor Plans created from Your Standard 3D Models; and (c) the consequences of sharing or publishing any Schematic Floor Plans, including without limitation the disclosure of confidential or personally identifiable information. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to use the content of Your Standard 3D Models as provided in this Agreement and to distribute, display and publish any such Schematic Floor Plan.

2.3. Licenses to Use the Service and Schematic Floor Plans. Subject to the terms and conditions of the Agreement, Matterport grants You (and up to the number of Authorized Users allowed under Your then-current subscription plan) a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right, during the Subscription Period to access and use the Schematic Floor Plan Service to generate Schematic Floor Plans. In addition, subject to the terms and conditions of the Agreement, Matterport hereby grants You a personal, non-exclusive, perpetual, worldwide license to use, evaluate, reproduce, display, and distribute each Schematic Floor Plan made available to You.

2.4. Ownership; Restrictions; Sublicenses. You acknowledge and agree that each Schematic Floor Plan and all intellectual property rights therein, including copyrights, patent rights, trade secret rights and trademark rights, are owned by Matterport. All rights not expressly granted herein are reserved by Matterport, and You may not use any Schematic Floor Plan other than as expressly permitted by the license in Section 2.3 of these Schematic Floor Plan Terms. You may grant a sublicense to end users to use the Schematic Floor Plans for their internal purposes and to publicly display Schematic Floor Plans relating to property owned by such end users solely for the purpose of promoting such property; provided that You will cause each such end user to comply with written terms and conditions that contain standard license restrictions, ownership statements, disclaimers of warranty and limitations of liability that are applicable to the Schematic Floor Plans and Your licensors (e.g., Matterport), and that are reasonably consistent with this Agreement. You will not, in any such terms and condition applicable to the Schematic Floor Plans or otherwise: (a) impose or purport to impose any obligation on Matterport; or (b) make or purport to make any representation, warranty or covenant on behalf of Matterport.

2.5. Branding. You acknowledge that each Schematic Floor Plan will contain a Matterport logo and other branding and proprietary notices of Matterport. You shall not remove, alter or obscure any such logo, branding or notices. Notwithstanding the foregoing, however, You may add to each Schematic Floor Plan Your own logo and/or notices, provided that any such logo and/or notices: (a) are in compliance with, and do not result in a violation of, the terms of this Agreement; and (b) shall not state or imply that You are the owner or creator of the Schematic Floor Plan.

2.6. Disclaimer. MATTERPORT DOES NOT REPRESENT OR WARRANT THAT ANY MEASUREMENTS, INCLUDING WITHOUT LIMITATION SQUARE FOOTAGE MEASUREMENTS, IN ANY SCHEMATIC FLOOR PLAN WILL BE ACCURATE OR COMPLETE OR THAT THEY WILL COMPLY WITH ANY LOCAL OR INTERNATIONAL PROFESSIONAL OR REGULATORY STANDARD INCLUDING, WITHOUT LIMITATION, RICS.


VIRTUAL REALITY (“VR”) TERMS

If You use the Matterport Cloud to process and/or host VR Spaces, these VR Terms shall apply in addition to the general terms and conditions set forth in the Matterport Cloud Subscription Agreement (the “CSA”).


1. VR Service

1.1. General. Subject to the terms and conditions of the Agreement, Matterport will provide the following services (collectively, the “VR Service”): (a) convert a copy of Your Space into a virtual reality format that can be viewed using a Matterport VR app and/or a Matterport-authorized third-party app (each a “VR App”) in supported VR devices (“VR Space”); and/or (b) host such VR Spaces on the Matterport Cloud. Matterport reserves the right to modify or terminate the VR Service, or features or pricing thereof, at any time in its sole discretion, with or without advance notice. Matterport may choose at any time no longer to accept new Spaces for VR conversion. In addition to the subscription fees described in the , in connection with the VR Service, Matterport will also have the right to charge You separate fees for: (i) creation of any VR Spaces, (ii) ongoing support of VR Spaces, (iii) hosting of VR Spaces, (iv) downloading of VR Spaces, (v) viewing of VR Spaces, and/or (vi) any fees for other optional paid features that Matterport offers from time to time in connection with the VR Service. You acknowledge and agree that not all Spaces can be converted to VR Spaces, and Matterport reserves the right to refuse to support conversion of certain Spaces, on a case-by-case basis, in its sole discretion. Matterport reserves the right to impose limits on the number of VR Spaces that You may host on the Matterport Cloud. The performance of VR Spaces will vary based on the user’s hardware and software used to view the VR Space. Matterport will support third-party VR-capable mobile devices and headsets in its sole discretion.

1.2. VR Service Offerings. Matterport, in its sole discretion, will have the right to offer several types of services for creation of VR Spaces, which include without limitation: (a) an automated process in which Matterport will create VR Spaces from Spaces in subscriber accounts in the Matterport Cloud (the “CoreVR Service”); and (b) a process, in which Matterport will provide a personalized service to modify a VR Space upon receiving an authorized request (the “CustomVR Service”). Upon launch of the CoreVR Service, Matterport will automatically create VR Spaces from all Spaces in Your account and make such VR Spaces available in Your account. However, Matterport will provide You with the ability to disable the CoreVR functionality on specific Spaces or for Your entire account. For Spaces converted through the CustomVR Service, Matterport reserves the right to determine a custom fee for each CustomVR Service based on a range of factors, including without limitation the level of effort to complete the conversion, which Matterport will notify You of before beginning any work. The CoreVR Service, the CustomVR Service, and any other VR Service offerings will also be governed by any policy set forth on the Matterport Cloud or in the Documentation regarding access, pricing, summary of features, terms, conditions and limitations, and such policy, as modified by Matterport from time to time, is incorporated herein by reference.

1.3. Viewing and Sharing VR Spaces. Users will have the ability to access and view VR Spaces in the various ways specified in the Matterport Cloud or Documentation from time to time, which may require that users download and install a VR App on their mobile devices or other VR display devices. Subject to the preceding sentence, You may invite third parties to view VR Spaces by sharing links provided by Matterport for VR Spaces on the Matterport Portal. VR Spaces (and any portion thereof) can only be accessed through available end-user functionality or authorized access to APIs on the Matterport Cloud. Users who download a VR Space to a mobile device or other VR device through a VR App can continue to view the downloaded VR Space in VR even after the VR Space is deleted or set to private from Your account. Although Matterport makes an effort to remove applicable VR Spaces from users’ devices whenever feasible, Matterport cannot guarantee removal.


2. VR Licenses

2.1. License to Use VR Service. Subject to the terms and conditions of the Agreement, Matterport grants You (and up to the number of Authorized Users allowed under Your then-current subscription plan) a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right, during the Subscription Period to: (a) use the VR processing functionality on the Matterport Cloud to generate VR Spaces from Your Spaces; and (b) use the VR hosting functionality on the Matterport Cloud to have VR Spaces hosted on the Matterport Cloud.

2.2. Restrictions. You shall not: (a) reverse engineer, decompile, or disassemble the VR Service, VR Apps, or VR Spaces (or any component thereof, including without limitation associated imagery and technology); (b) use methods other than Matterport-provided tools that are accessible through the end-user presentation functionality of standard Web browsers or Matterport applications to copy, modify or create any derivative work based on the VR Service or VR Spaces (or any component thereof, including without limitation associated imagery and technology); (c) extract, or attempt to extract, any VR Spaces (or any component thereof, including without limitation associated Space Imagery, Space Metadata, Positional Technology, Standard 3D Models, or other Matterport technology) from Matterport servers or any VR App or associated storage on the mobile or VR device; or (d) take any action or omit to act in any way that would interfere with or disrupt the integrity or performance of the VR Service or VR Spaces, or adversely affect Matterport’s right, title or interest in or to the VR Service or VR Spaces. Without limiting the generality of the foregoing, except as expressly otherwise permitted under the Agreement, You may not: (i) host any digital copy of VR Spaces (or any component thereof, including without limitation associated Space Imagery, Space Metadata, Standard 3D Models, Positional Technology, or other Matterport technology) on Your servers or any third-party servers provided on Your behalf; (ii) download any digital copy of any VR Space (or any component thereof, including without limitation associated Space Imagery, Space Metadata, Standard 3D Models, Positional Technology, or other Matterport technology) to a local computer and redistribute such digital copy (or any modified version of such digital copy or other derivative work) for any purpose; or (iii) provide instructions or services to any third parties to enable them to host or download any digital copy of VR Spaces (or any component thereof, including without limitation associated Space Imagery, Space Metadata, Standard 3D Models, Positional Technology, or other Matterport technology) . The foregoing restrictions, without limitation, shall survive any expiration or termination of the Subscription Period.

2.3. Licenses to Matterport. You hereby grant to Matterport the following non-exclusive, transferable, sub-licensable, royalty-free, worldwide licenses in connection with the VR Service: (a) to access, reproduce, modify and create derivative works from relevant Space Imagery, Fixed Digital Objects, and Non-Fixed Digital Objects to generate VR Spaces; (b) to host, reproduce, modify, distribute and display such VR Spaces on the Matterport Cloud; (c) to distribute, syndicate and display such VR Spaces on third-party websites and VR Apps through links to the Matterport Cloud; (d) to use such VR Spaces for internal purposes such as product development, testing, support and troubleshooting; and (e) to permit end users with accounts on the Matterport Cloud to interact with VR Spaces in ways beyond viewing, including, without limitation, taking measurements within VR Spaces, annotating VR Spaces with Mattertag Content, saving favorite VR Spaces, and sharing links to VR Spaces with others.

 

EXPORTABLE FILE TERMS
If You use the Matterport Cloud to generate Exportable Files, these Exportable File Terms shall apply in addition to the general terms and conditions set forth in the Matterport Cloud Subscription Agreement (the “CSA”).


1. Exportable File Service

Subject to the terms and conditions of the Agreement and any limitations of the applicable Subscription Level, during the Subscription Period, Matterport will provide You with the ability to export and download Exportable Files from any of Your existing Spaces stored in Your account on the Matterport Cloud (“Exportable File Service”), provided that: (a) You first pay Matterport’s then-current standard download fee, if applicable based on Your subscription, for each Exportable File in such export; and (b) You export and download Exportable Files only through available end-user functionality or authorized access to APIs on the Matterport Cloud. You will have the right to download an Exportable File as many times as You wish during the term of this Agreement, provided that You first pay the download fee, if applicable. If applicable based on Your subscription, You will be charged, via Your payment method on file, for each Exportable File that You export. Matterport reserves the right to terminate the Exportable File Service at any time in its sole discretion. Once the Exportable Service terminates, Matterport will have no further obligation to provide any additional Exportable Files after the date of termination. You acknowledge that Matterport is not obligated to provide You with any support in connection with such Exportable File following expiration or termination of this Agreement. “Exportable File” means any standard .obj export file, point cloud file, RCP file or other supported file that You are permitted to export from any of Your Standard 3D Models and/or Space Imagery.


2. License and Ownership

2.1. License to Matterport. You hereby grant to Matterport the following non-exclusive, transferable, sub-licensable, royalty-free, worldwide licenses in connection with all Subscription Levels for the Exportable File Service: (a) subject to Your direction, to host, reproduce, modify, create derivative works from, distribute and display the Exportable Files on the Matterport Cloud and in Matterport apps; and (b) subject to Your direction, including as provided in Section 2.6 of the Spaces Processing and Hosting Terms, to distribute, syndicate and display the Exportable Files on third-party websites and in Matterport authorized third-party apps, through links to the Matterport Cloud.

2.2. Ownership of Exportable Files. As between the parties hereto, to the extent that You have obtained all necessary consents and authorizations from third parties, You will own all Exportable Files, including all digital copies thereof and copyrights therein, and You may transfer ownership of any of the Exportable Files to any third party without Matterport’s consent; provided that Exportable Files can only be generated through available end-user functionality or authorized access to APIs on the Matterport Cloud, but You will be free to host, reproduce and distribute any Exportable Files that You download. Notwithstanding the foregoing, You acknowledge that You will not have the right to access any of the Exportable Files generated and stored on the Matterport Cloud following the expiration or termination of the Subscription Period.


TRUEPLAN SERVICE TERMS

If You use the Matterport Cloud to generate TruePlan, these TruePlan Terms shall apply in addition to the general terms and conditions set forth in the Matterport Cloud Subscription Agreement (the “CSA”).

 

1. TruePlan Service

Matterport, in its sole discretion, may elect to offer through the Matterport Cloud an additional service (“TruePlan Service”), through which Matterport will create a TruePlan file from Your existing Standard 3D Models stored on the Matterport Cloud (“TruePlan”). If You choose to use the TruePlan Service, You must designate and provide Matterport with access to the Standard 3D Models for which You are requesting a TruePlan file and pay the additional fee for the service posted on the Matterport website. You will be charged, via Your payment method on file, for each TruePlan file delivered. Matterport reserves the right to terminate the TruePlan Service at any time in its sole discretion. Once the TruePlan Service terminates, Matterport will have no further obligation to create or provide any additional TruePlan files ordered after the date of termination.

 

2. License and Ownership

2.1. License to Matterport. You hereby grant Matterport a royalty-free, worldwide, non-exclusive right: (a) to use Your Spaces to create the TruePlan files and to provide the TruePlan Service to You; and (b) to access from applicable third-party service provider(s), and to use, any of Your related data necessary to provide the TruePlan Service to You.

2.2. Responsibility for Content. You shall be responsible for: (a) any content of Your Standard 3D Models; (b) the content of any TruePlan files created from Your Standard 3D Models; and (c) the consequences of sharing or publishing any TruePlan files, including without limitation the disclosure of confidential or personally identifiable information. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to use the content of Your Standard 3D Models as provided in this Agreement and to distribute, display and publish any such TruePlan file.

2.3. Licenses to Use the Service and TruePlan. Subject to the terms and conditions of the Agreement, Matterport grants You (and up to the number of Authorized Users allowed under Your then-current subscription plan) a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right, during the Subscription Period to access and use the TruePlan Service to generate TruePlan files. In addition, subject to the terms and conditions of the Agreement, Matterport hereby grants You a personal, non-exclusive, perpetual, worldwide license to use, evaluate, reproduce, display, and distribute each TruePlan file made available to You. 

2.4. Ownership; Restrictions; Sublicenses. You acknowledge and agree that each TruePlan file and all intellectual property rights therein, including copyrights, patent rights, trade secret rights and trademark rights, are owned by Matterport. All rights not expressly granted herein are reserved by Matterport, and You may not use any TruePlan file other than as expressly permitted by the license in Section 2.3 of these TruePlan Terms. You may grant a sublicense to end users to use the TruePlan files for their internal purposes; provided that You will cause each such end user to comply with written terms and conditions that contain standard license restrictions, ownership statements, disclaimers of warranty and limitations of liability that are applicable to the TruePlan files and Your licensors (e.g., Matterport), and that are reasonably consistent with this Agreement. You will not, in any such terms and condition applicable to the TruePlan files or otherwise: (a) impose or purport to impose any obligation on Matterport; or (b) make or purport to make any representation, warranty or covenant on behalf of Matterport.

2.5. Branding. You acknowledge that each TruePlan file may contain a Matterport logo and other branding and proprietary notices of Matterport. You shall not remove, alter or obscure any such logo, branding or notices. Notwithstanding the foregoing, however, You may add to each TruePlan file Your own logo and/or notices, provided that any such logo and/or notices: (a) are in compliance with, and do not result in a violation of, the terms of this Agreement; and (b) shall not state or imply that You are the owner or creator of the TruePlan file.

2.6. Disclaimer. MATTERPORT DOES NOT REPRESENT OR WARRANT THAT ANY MEASUREMENTS, INCLUDING WITHOUT LIMITATION SQUARE FOOTAGE MEASUREMENTS, IN ANY TRUEPLAN FILE WILL BE ACCURATE OR COMPLETE OR THAT THEY WILL COMPLY WITH ANY LOCAL OR INTERNATIONAL PROFESSIONAL OR REGULATORY STANDARD INCLUDING, WITHOUT LIMITATION.

 

SCAN-TO-BIM TERMS

If You use the Matterport Cloud to generate Scan-to-BIM, these Scan-to-BIM Terms shall apply in addition to the general terms and conditions set forth in the Matterport Cloud Subscription Agreement (the “CSA”).

 

1. Scan-to-Bim Service

Matterport hereby offers through the Matterport Cloud an additional service (“Scan-to-BIM Service”), through which Matterport will create BIM Deliverables a Scan-to-BIM file from Your existing Standard 3D Models stored on the Matterport Cloud (“Scan-to-BIM”). If You choose to use the Scan-to-BIM Service, You must designate and provide Matterport with access to the Standard 3D Models for which You are requesting a Scan-to-BIM file and pay the additional fees displayed in Matterport Cloud before purchase for the service posted on the Matterport website. You will be charged, via Your payment method on file, for each Scan-to-BIM order purchased and successfully delivered file. Matterport reserves the right to terminate the Scan-to-BIM Service at any time in its sole discretion. Once the Scan-to-BIM Service terminates, Matterport will have no further obligation to create or provide any additional Scan-to-BIM files ordered after the date of termination.

 

2. License and Ownership

2.1. License to Matterport. You hereby grant Matterport a royalty-free, worldwide, non-exclusive right: (a) to use Your Spaces to create the Scan-to-BIM files and to provide the Scan-to-BIM Service to You; and (b) to access from applicable third-party service provider(s), and to use, any of Your related data necessary to provide the Scan-to-BIM Service to You.

2.2. Responsibility for Content. You shall be responsible for: (a) any content of Your Standard 3D Models; (b) the content of any Scan-to-BIM files created from Your Standard 3D Models; and (c) the consequences of sharing or publishing any Scan-to-BIM files, including without limitation the disclosure of confidential or personally identifiable information. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to use the content of Your Standard 3D Models as provided in this Agreement and to distribute, display and publish any such Scan-to-BIM file.

2.3. Licenses to Use the Service and Scan-to-BIM. Subject to the terms and conditions of the Agreement, Matterport grants You (and up to the number of Authorized Users allowed under Your then-current subscription plan) a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right, during the Subscription Period to access and use the Scan-to-BIM Service to generate Scan-to-BIM files. In addition, subject to the terms and conditions of the Agreement, Matterport hereby grants You a personal, non-exclusive, perpetual, worldwide license to use, evaluate, reproduce, display, and distribute each Scan-to-BIM file made available to You.

2.4. Ownership; Restrictions; Sublicenses. You acknowledge and agree that each Scan-to-BIM file as derived from the Matterport 3D Models and all intellectual property rights therein, including copyrights, patent rights, trade secret rights and trademark rights, are owned by Matterport. All rights not expressly granted herein are reserved by Matterport, and You may not use any Scan-to-BIM file other than as expressly permitted by the license in Section 2.3 of these Scan-to-BIM Terms. You may grant a sublicense to end users to use the Scan-to-BIM files for their internal purposes; provided that You will cause each such end user to comply with written terms and conditions that contain standard license restrictions, ownership statements, disclaimers of warranty and limitations of liability that are applicable to the Scan-to-BIM files and Your licensors (e.g., Matterport), and that are reasonably consistent with this Agreement. You will not, in any such terms and condition applicable to the Scan-to-BIM files or otherwise: (a) impose or purport to impose any obligation on Matterport; or (b) make or purport to make any representation, warranty or covenant on behalf of Matterport.

2.5. Branding. You acknowledge that each Scan-to-BIM file may contain a Matterport logo and other branding and proprietary notices of Matterport. You shall not remove, alter or obscure any such logo, branding or notices. Notwithstanding the foregoing, however, You may add to each Scan-to-BIM file Your own logo and/or notices, provided that any such logo and/or notices: (a) are in compliance with, and do not result in a violation of, the terms of this Agreement; and (b) shall not state or imply that You are the owner or creator of the Scan-to-BIM file.

2.6. Disclaimer. MATTERPORT DOES NOT REPRESENT OR WARRANT THAT ANY MEASUREMENTS OR DATA, INCLUDING WITHOUT LIMITATION THE DIMENSIONS, LOCATION AND ATTRIBUTES OF ELEMENTS; SQUARE FOOTAGE MEASUREMENTS, THAT ANY SCAN-TO--BIM FILE WILL BE ACCURATE OR COMPLETE OR THAT THEY WILL COMPLY WITH ANY LOCAL OR INTERNATIONAL PROFESSIONAL OR REGULATORY STANDARD.