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Pro2Terms of Sale

New Matterport Pro2 has new Terms of Sale4687

WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
Hi All,

New Matterport Camera Terms and Conditions of Sale, effective today (31 May 2017).
("(formerly Matterport Pro 3D Camera Terms and Conditions of Sale"

If you are planning to buy a new Matterport Pro2 Camera, please read these and see how they compare to the previous Matterport Terms of Sale last updated 7 July 2016 and saved in the We Get Around Network Forum here.

If you are good with "red-lining" perhaps you can share a "compare" version to see "what changed" ...

Thanks,

Dan

P.S. Here are the Matterport Camera Terms and Conditions of Sale as of 31 May 2017 (for the next time it changes) ...

----

Matterport Camera Terms and Conditions of Sale
(formerly Matterport Pro 3D Camera Terms and Conditions of Sale)

Last updated: May 31, 2017

The Matterport Camera Terms and Conditions of Sale (“Terms of Sale”) set forth below govern Your purchase of the Matterport Pro 3D Camera (MC200), the Matterport Pro2 3D Camera (MC250) or any subsequent 3D camera provided by Matterport (each, a “Camera”). To use the Camera, You must have access to a supported Apple device (as specified now or in the future by Matterport), and must download onto the Apple device the Matterport 3D Capture application (the “App”) from Apple’s App Store. In addition, to generate 3D models from images You produce with the Camera, You must also subscribe to the Matterport Cloud, which is subject to periodic subscription and processing fees. Use of the App is subject to Matterport’s End User License Agreement for the App (matterport.com/legal/eula/), and use of the Matterport Cloud is subject to the Matterport Cloud Subscription Agreement (matterport.com/legal/terms-of-service). Please read the End User License Agreement for the App and the Matterport Cloud Subscription Agreement carefully. Use of the Camera with any other app or 3D model-generating software is not authorized by Matterport and is strictly prohibited.

BY CLICKING “I AGREE” IN CONNECTION WITH THESE TERMS OF SALE, BY ELECTRONICALLY OR MANUALLY SIGNING THESE TERMS OF SALE, AND/OR BY ACCEPTING DELIVERY OF A CAMERA, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS OF SALE. IF YOU DO NOT AGREE TO SUCH TERMS, CONDITIONS AND/OR NOTICES: (A) DO NOT USE THE CAMERA; AND (B) YOU MAY RETURN THE CAMERA IN ACCORDANCE WITH SECTION 4 OF THESE TERMS OF SALE, SUBJECT TO THE LIMITATIONS SET FORTH THEREIN.

1. General. These Terms of Sale constitute the entire agreement between Matterport, Inc. (“Matterport”) and you or the entity that you represent (“You”) regarding Your purchase of a Camera, and supersede all prior communications and agreements, written or verbal, relating thereto. Any additional, inconsistent or different terms and conditions in any order or other communication from You are hereby expressly rejected. Matterport reserves the right to revise these Terms of Sale in its sole discretion at any time and without prior notice to You by updating these Terms of Sale at http://matterport.com/hf/camera-terms-of-sale/, provided that such changes shall be effective from the moment a revised posting is made only with respect to Cameras purchased after the revision date. Thus, You should visit matterport.com/hf/camera-terms-of-sale/ periodically to review changes. If You disagree with these Terms or any changes thereto, Your sole remedy is to discontinue future Camera purchases. Acceptance by You of a Camera after a change has been posted constitutes Your acceptance of the change thereafter.

2. Pricing; Payment Terms.

(a) The price of the Camera purchased hereunder is as designated in Your online shopping cart or other price quote provided by Matterport. Once an order for a Camera is received, before the order is accepted by Matterport, Matterport shall have the right to revise the pricing for the Camera

(b) Prices do not include any taxes, now or hereinafter enacted, applicable to the Camera sold hereunder. You agree to pay or reimburse any such taxes which Matterport is required to pay or collect. Your total invoiced amount will include the price of the Camera(s) plus any applicable sales and/or use tax. Such tax is based on the bill-to address and the sales and use tax rate in effect at the time You purchase the Camera(s). Matterport will charge sales and use tax only in states where local regulations and laws require it, to the best of Matterport’s knowledge.

(c) The payment option(s) available to You are as specified by Matterport upon purchase. Unless specified to the contrary in writing by Matterport, You shall pay the purchase price of the Camera and any taxes with a validly authorized credit card.

(d) Matterport will deliver an invoice to You when the Camera is shipped. Notwithstanding the foregoing, Matterport will extend credit for orders in Matterport’s sole discretion and reserves the right to require payment for an order before Matterport ships the Camera(s) for such order, including without limitation in the event You have any unpaid prior orders outstanding at the time an order is received. In the event that Matterport extends credit for an order, the associated invoice is payable within thirty (30) days of the date of such invoice unless otherwise specified, and You shall pay a late charge equal to the lesser of 1% of the total amount payable for the Camera per month (pro-rated if necessary) or the maximum amount permitted under applicable law, on any past due balance.

(e) All Camera sales are final. If a Camera becomes unavailable following Your purchase but prior to delivery, Your sole and exclusive remedy is a full refund of the purchase price. If technical problems prevent or unreasonably delay delivery of Your Camera, Your sole and exclusive remedy is either replacement or full refund of the purchase price, as determined by Matterport.

(f) You shall pay all amounts due without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Matterport may at any time, without limiting any other rights or remedies it may have, set off any amount You owe to it against any amount payable by Matterport to You.

3. Delivery, Risk of Loss and Title.

(a) Unless specified to the contrary in writing by Matterport, You shall be liable for all costs associated with shipping the Camera to You.

(b) Any delivery date specified by Matterport is approximate only. Matterport shall not be liable for any loss or expense, whether arising in tort or contract, incurred by You if the delivery does not meet any specified approximate delivery date.

(c) Unless specified to the contrary in writing by Matterport, risk of loss or damage of the Camera shall pass to You upon delivery of the Camera to the carrier of the Camera.

(d) Matterport will retain title to the Camera until payment of the price of the Camera is received in full by Matterport. If You fail to make payment on the Camera, and it has already been delivered: (i) Matterport may use all legal means to recover such Camera at Your expense; and (ii) Matterport will have the right to block Your use of the Matterport Cloud in connection with processing or hosting any imagery from such Camera.

(e) Until title to the Camera has passed to You, You shall: (i) store the Camera separately from all other goods held by You so that it remains readily identifiable as Matterport’s property, (ii) not remove, deface or obscure any identifying mark or packaging on or relating to the Camera, (iii) maintain the Camera in satisfactory condition and keep it insured against all risks for its full price from the date of delivery, and (iv) give Matterport such information relating to the Camera as Matterport may require from time to time.

4. Return Policy.

(a) Return Policy for Cameras Without Faults. One time only, You may, at Your expense, return to Matterport the first Camera purchased by You within 30 days of the date of the original shipment of such Camera to You, provided that such Camera is in the original packaging with the original receipt. If the Camera and original packaging are returned within this timeframe and confirmed by Matterport not to be damaged, Matterport will provide a full refund based upon the original payment method. You cannot return unwanted items after 30 days. The foregoing return right applies only to the first Camera purchased by You. Subject to those rights set out below regarding Cameras with faults, You will have no right to return any subsequently purchased Camera without the prior written consent of Matterport, which consent Matterport may grant or withhold in its sole discretion. For clarity: (i) any Camera obtained in a trade-in or upgrade transaction is not eligible for return under this subsection; and (ii) the limitations set forth in this subsection will not apply to any limited buy-back program offered by Matterport, and the written terms of such program provided by Matterport shall apply instead with respect to the return of Cameras subject to such program.

(b) Return Policy for Cameras With Faults. If a Camera develops a fault, You have the option of an exchange or refund if the fault occurs within twenty-one (21) days of delivery. If the fault occurs after such 21-day period, Your warranty rights are as set forth in Section 5. In all cases, Matterport reserves the right to inspect the Camera and verify the fault.

(c) Limitations. Your right to return a Camera set forth in this Section 4 shall not apply if: (i) a defect or fault arises because You failed to follow Matterport’s instructions as to storage, commissioning, installation, use and maintenance or good trade practice regarding the same, (ii) You alter or repair the Camera without the written consent of Matterport, or (iii) a defect or fault arises as a result of wear and tear, willful damage, negligence, or abnormal storage or working conditions.

5. Limited Warranty. Matterport warrants each Camera against defects in material and workmanship for a period of one (1) year from original date of shipment, or such longer period under any extended warranty purchased by You at Matterport’s then-available extended warranty rate (collectively, the “Warranty Period”). This limited warranty is for the benefit of the original end purchaser only and is not transferable by the end purchaser. This limited warranty will also apply to each Camera shipped as part of a trade-in or upgrade transaction, and to each refurbished Camera sold. A refurbished Camera is tested and certified to look and work like new in all material respects at the time of shipment. The refurbishing process includes functionality testing, inspection, and repackaging. With respect to any Camera that Matterport ships to You in exchange for a defective or damaged Camera, the Warranty Period for such shipped Camera shall not be extended beyond the end of the Warranty Period for the original Camera.THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WRITTEN, ORAL OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY SHALL NOT APPLY IF THE CAMERA HAS BEEN REPAIRED OR ALTERED, EXCEPT BY MATTERPORT, OR IF IT HAS BEEN SUBJECTED TO MISUSE, NEGLIGENCE, OR ACCIDENT. In the event any defect in the material or workmanship of the Camera arises during the Warranty Period, Matterport’s sole liability shall be (at the option of Matterport) to repair, provide a refund for, or replace any Camera returned by You during the Warranty Period, provided that (a) Matterport is notified in writing by You of the claimed defect(s) during the Warranty Period, (b) the Camera is returned to Matterport in the undamaged original Camera packaging, and (c) Matterport’s examination of the Camera discloses to its satisfaction that the defect(s) were not caused by misuse, negligence, accident, or unauthorized repair or alteration by You or on Your behalf. All shipping costs to Matterport from any location in the United States, or from Matterport to any location in the United States, for any Camera that is repaired or replaced under this limited warranty, will be at Matterport’s expense; provided, however, that You will bear the expense of shipping any such Camera to or from any non-U.S. location, and all shipping costs to and from Matterport for any Camera that is repaired or replaced outside the scope of this limited warranty will be at Your expense. MATTERPORT’S ONLY LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM OF A DEFECT IN THE CAMERA, WHETHER ARISING IN TORT OR CONTRACT, IS AS STATED IN THIS SECTION 5. IN NO EVENT SHALL MATTERPORT OR ITS AFFILIATES OR LICENSORS HAVE ANY OTHER LIABILITY FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING IN CONNECTION WITH ANY CAMERA OR THESE TERMS OF SALE IN PARTICULAR, MATTERPORT SHALL NOT BE LIABLE FOR (I) LOST PROFITS, (II) LOST DATA, (III) LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR (IV) FOR ANY OTHER SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF MATTERPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF MATTERPORT AND ITS AFFILIATES AND LICENSORS RELATING TO ANY CAMERA OR THESE TERMS OF SALE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED THE LESSER OF THE TOTAL AMOUNTS YOU PAID TO MATTERPORT UNDER THESE TERMS OF SALE DURING THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. WITHOUT LIMITING ANY OTHER CONDITION SET FORTH IN THIS SECTION, MATTERPORT WILL HAVE NO WARRANTY OBLIGATION HEREUNDER IF YOU FAIL TO RETURN THE CAMERA IN THE UNDAMAGED ORIGINAL PACKAGING OR IF YOU HAVE INSTALLED ANY FIRMWARE IN THE CAMERA OTHER THAN THE FIRMWARE INITIALLY EMBEDDED IN THE CAMERA OR ANY FIRMWARE UPDATE SUBSEQUENTLY PROVIDED BY MATTERPORT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR SOME OR ALL OF THE FOREGOING LIMITATION OF LIABILITY, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS AND/OR LIMITATION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF SALE EXCLUDES OR LIMITS ANY LIABILITY OF MATTERPORT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6. Other Goods. Any accessories required to use or transport the Camera, such as a tripod, camera carrying case, or other goods desired by You, must be purchased separately.

7. Governing Law; Venue. Unless prohibited by applicable law, these Terms of Sale shall be interpreted in accordance with the laws of the state of California without reference to its conflict of law provisions. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for San Francisco County, California, and the parties specifically consent to San Francisco, California, as the exclusive venue for any such proceeding. These Terms of Sale and the transaction hereunder shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

8. Firmware. Certain software is embedded in the Camera by Matterport (the “Firmware”). Subject to these Terms of Sale, Matterport grants You a non-exclusive, revocable, limited license to use the Firmware solely with the Camera and in binary executable form only. The foregoing does not include a license to any source code. You shall not cause, or permit any third party to, reverse engineer, decompile, modify, translate or disassemble any of the Firmware; create derivative works based upon any of the Firmware; or do anything else that would adversely affect the intellectual property rights of Matterport and its licensors in and to the Firmware. You acknowledge that the source code underlying the Firmware is the confidential and proprietary information of Matterport and its licensors. You shall not install any firmware or other software on any Camera other than the Firmware or an update to the Firmware provided by Matterport. If You install any firmware on the Camera other than the Firmware (or any Firmware update provided by Matterport), such action will be deemed a material breach of these Terms of Sale that will void the warranty set forth in Section 5. In addition, without limiting any other remedy available to Matterport, Matterport reserves the right to bring an action against You for breach of contract and infringement of intellectual property rights in such event.

9. Intellectual Property. Except as set forth in Section 8, nothing in these Terms of Sale shall be deemed to convey any intellectual property right to You in and to the Camera, Firmware, Matterport Cloud, the App, or any other technology of Matterport or its licensors. You agree that (although Matterport may request that You contribute towards the design and development of its products), as between the parties, Matterport is the sole owner of all intellectual property rights in and to the Camera and other property described in this Section.

10. Miscellaneous.

(a) Your failure to perform its obligations hereunder including, without limitation, payment in full of the purchase price for the Camera, shall constitute a default under these Terms of Sale.

(b) A waiver of any condition or default is not a waiver of any subsequent default.

(c) You may not assign or otherwise transfer any rights hereunder without Matterport’s prior written consent, and any attempt to do so without consent is void. These Terms of Sale are binding upon and for the benefit of the respective successors and assigns of the parties hereto.

(d) If any provision of these Terms of Sale is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.

(e) Notwithstanding anything to the contrary in Section 1, these Terms of Sale do not govern: (i) any use of the Matterport Cloud that communicates with Cameras and processes Camera imagery to produce 3D models, which use is governed by the Matterport Cloud Subscription Agreement (available at matterport.com/legal/terms-of-service/); or (ii) use of the Matterport 3D Capture application made available through Apples App Store, which is governed by Matterport’s End User License Agreement for the App (available at matterport.com/legal/eula/).

(f) Unless otherwise specified herein, all notices, invoices and other communications required or permitted to be given or made hereunder shall be in writing and: (i) if to Matterport, delivered personally or sent by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier, to Matterport, Inc., 352 E. Java Dr., Sunnyvale, CA 94089, Attn: Legal Notices; or (ii) if to You, by email or by posting a notice to Your account in the Matterport Cloud.

(g) Except as provided in Section 1, any changes in these Terms of Sale are not valid unless in a writing signed by an officer of Matterport.

(h) You acknowledge that You have read these Terms of Sale, understand them, and agree to all terms and conditions in these Terms of Sale.

(i) Matterport will have the right to include, on its website and sales and marketing collateral, Your name and associated logo in lists that identify Matterport customers.

(j) A person who is not a party to these Terms of Sale shall not have any rights to enforce its terms.
Post 1 IP   flag post
LetMe3D private msg quote post Address this user
Keep scaring me away my last hope is someone else buys the company.
Post 2 IP   flag post
grmngrl private msg quote post Address this user
Matterport's proposition: You give us your money, you do the work and we own you!

Not going to happen for me and my clients (3rd party with no rights).#10j
Post 3 IP   flag post
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Metroplex360 private msg quote post Address this user
@LetMe3D - What do you perceive has changed in the TOS?

@grmngrl - You know that you also receive the opportunity to make $$$. The cost of the Matterport Camera and monthly dues over time offset the work in processing and positioning 360 Tours. Matterport is an opportunity to offer an amazing service to your clients and while it comes at a cost, any successful MSP will recoup and profit. I'd rather go with Matterport than a platform that I cannot monetize.

And remember -- I've sparred with Matterport plenty of times over photography ownership and other things. I've come to see things differently now because at the end of the day, I do believe that the panos shot with Matterport are best experienced on their platform, so the 'liberate the panos' campaign is a moot point. Plus, with publishing to GSV, there are MANY tools to download your panos from GSV out there, so Matterport's protection of the panos will need to change in principle.

Matterport have a bit of a 'father knows best' complex. Many of the things they prohibit are done, in my opinion, to offer a consistent experience for all users and because they would rather deliver the best solutions. It's not always in the best interest of individuals -- as for instance, many of us would like to post to Street View or Facebook TODAY but have to resort to TOS violations to do so. I have full faith that these problems will be behind us soon.
Post 4 IP   flag post
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Richierichks private msg quote post Address this user
If you post the old TOS or give me a link to it I will compare them.
Post 5 IP   flag post
LetMe3D private msg quote post Address this user
@metroplex, You don't have enough time for me to tell you my MP problems but one was just resolved literally about 5 minutes ago. I'll keep watching and learning. I greatly appreciate your input here on the forum.
Post 6 IP   flag post
WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
@Richierichks

Great. Here is the previous one 7 July 2017.

Dan
Post 7 IP   flag post
3rd Party
Service
JuMP private msg quote post Address this user
Let's think about the jailbreak of iphone and ps4.
Apple and Sony should have more lawer but had been jailbroken always.
TOS is only a wish of them.
Protection is depended on technology not words in TOS.
Post 8 IP   flag post
grmngrl private msg quote post Address this user
@Metroplex360 To make money I had to spend $4500. I was not given a camera for free. So it is not an opportunity, it was a business decision I made and I have to put many hours of hard work into the business.

You are telling me that if I buy a Mitsubishi and use my car to do deliveries or else what to make money. Mitsubishi gave me the opportunity to make $$$$$???
No I paid for the car and I made my own opportunity!

The latest TOS does not show any hope that this company is even remotely changing to the better, it is getting even worse. How can I sell something to my clients without them having any rights?
Matterport has the right to showcase and use my 3D Tours in their marketing collateral without my permission? Without my clients permission who paid me? Really?!?!
Post 9 IP   flag post
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Richierichks private msg quote post Address this user
Go here to see a comparison of the two TOSs.

clickable text

Most of the changes are the use of Cloud instead of Portal.

The only one that is a little weird is the terminology on returning a camera within 30 days. They added wording that makes it so you can only return "the first" camera purchased by you. So, it sounds like if I had a Pro1 and then bought a Pro2 I wouldn't be able to return the Pro2 if I was unsatisfied because it is not the first one purchased by me.

In that same section they add that trade up cameras are not returnable either.

I think those are the biggest things. If anyone sees anything else please post it.
Post 10 IP   flag post
PeterMcCready private msg quote post Address this user
Quote:
Originally Posted by grmngrl
You are telling me that if I buy a Mitsubishi...


If I traded in my old car in order to buy the very latest model only to be told I was being given one with "certified refurbished" internals as part of the trade-in process, I'd be shopping elsewhere!!!

Seriously Matterport, who makes these marketing decisions?!
Post 11 IP   flag post
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Richierichks private msg quote post Address this user
I'm just curious as to where all of these "certified refurbished" cameras come from? Did they have a design flaw on a run of cameras and since they had to be fixed they are considered "refurbished"? I know that is how the law works so I'm assuming that's the case.
Post 12 IP   flag post
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Richierichks private msg quote post Address this user
I guess they explain that in the details of the trade-up program if I would have read it!
Post 13 IP   flag post
WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
@Richierichks

Thanks SO much for doing the red-line and for calling out the significant "what changed" items.

Dan
Post 14 IP   flag post
WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
We seem to be back online. Dan 2:30 pm ET Wednesday, 31 May 2017
Post 15 IP   flag post
WGAN Forum
Founder
DanSmigrod private msg quote post Address this user
@Richierichks

Thanks again.

You made it so easy for anyone that that was thinking about buying a Matterport Pro2 - or returning a Camera that was recently purchased – to see "what changed" in the Matterport Terms of service.

Dan
Post 16 IP   flag post
JC3DCX private msg quote post Address this user
@Richierichks "I'm just curious as to where all of these "certified refurbished" cameras ..."

I believe they will have some older cameras already refurbished and the rest will be the one's returned for an upgrade, seems that they replace a few parts and add GPS + bigger batteries and give a year warranty on it.

@Metroplex360 : :-) thups-up

@grmngrl : Yes you paid $4500, me too and $4500 in ZAR = 12 months salary (income) for me. So yes for me it is a HUGE investment in my future. I have not even made 1/4 of it back out of revenue so it will be about 3 years for me to break even (maybee sooner). My camera is now 12 months old. I am happy to have the "opportunity" to be part of MP and use the teghnology to generate income in my business. Is slow this side as the technology is dependant on fast broadband and huge parts of the country is still on slow copper or exspensive cellular data. So to download/stream a model to a device is a extra cost to take into consideration as well as the speed at which it loads. So for now I will stay with my camera and maybe upgrade in a years time. It can only get better with more plaforms opening up to us, like GSV. I'm positive about the future and road ahead with MP.
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