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|Gerhard private msg quote post Address this user|
|Dear MOUG members,
Thank you for your patience as we worked to answer the 50-some questions that were posed.
I wanted to maintain the integrity of the questions and more or less worked to answer all of them. If you have follow-up questions, please post the follow-up question to this thread. I will be offline this weekend, but look forward to hearing more questions on Monday and will be sure to dive right back into to fielding more next week.
Although I am only one person at Matterport, I feel safe to speak on behalf of the 200+ people that work at the company. We are heavily invested in our customer’s success. This change to the terms isn’t the easiest to understand, but we are working to clarify your questions quickly. Doing our customers right, is everything to us. We would not be here without you. So please, ask your questions and we are here listening.
Thank you for actively participating and sharing your thoughts.
QUESTIONS FROM THE 2/23/18 VIRTUAL TOWN HALL
1. Is there going to have an opt out option for MSP...at least a per space option.
There’s an option to opt out that is available for verified homeseller or property owner of a Matterport Space. They can opt out by going to this form.
2. If not, does Matterport, its partners or any third party (excluding my company) intend to directly or indirectly contact my present and past clients, the clients of my clients or subsequent property owners (not aware of existing scans) ?
Matterport does not scrape the About Panel, Description, or other fields from models and use that information to build outreach lists. However, Matterport - and other companies that use our Ecosystem - obviously market in a variety of ways to a variety of targets. Without collecting a complete list of your customers and their contact information, we would have no way of suppressing them from such outreach. It is possible (and likely) that your customers can benefit from features and services that are not competitive with your services. As the ecosystem expands, you should expect that your clients will likely interact with other use cases offered by partners in that ecosystem. This is adding value for you and them. Additionally, if a user has a Matterport Cloud account, and has opted in to marketing communication, they receive communication. When you put their contact information into description or contact fields, that does not constitute consent on their part to be contacted by Matterport or its affiliates, and we do not use that information to build lists of people to contact.
3. Is Matterport intending to use any contact information, addresses entered in my client spaces on my current account?
Matterport does not, and has never, scraped contact information entered into Space detail fields. We do not use that information to build lists of prospects to contact. Matterport does use the address entered to provide existing services to you, and will use those addresses as an authentication method for authorizing private access to a Space by the verified property owner. For example, distribution to Realtor.com and publishing to Google Street View (GSV) would not be possible without this address data. These address authentication fields will also be used as a part of the lower hosting costs for residential real estate properties with verified addresses that are opted into the ecosystem.
4. Is Matterport going to use the GPS data from my Pro 2 Camera (not accessible to us) for their Ecosystem development?
We expect to leverage GPS functionality in the camera for several applications, such as verifying the location that a scan was taken, and potentially enhancing alignment and including other forms of capture into your scan. It may also be used as an address verification method to expedite services rendered to you, such as Google Street View publication.
5. Does Matterport understand all the legal implications this Ecosystem structure creates for companies like mine?
We are aware that our terms of service also require you to obtain the “necessary consents and authorizations” from third parties (usually the property owner) for whom you are creating the scan. The key implication is that the models you create could potentially be shared in the future in a private authenticated way, with the homeowner. That said, that model can never be published or resold by the future property owner. We also created an opt-out should a homeseller/owner elect not to have their Space included into the ecosystem. If you have special legal circumstances, you should reach out to your counsel to understand any implications our Cloud Subscription Agreement may have for you. You can also reach out to firstname.lastname@example.org.
6. Does Matterport understand that I have the responsibility to make all my past and existing clients aware of these new TOS and that it will immediately result in the lost of these clients for any future work?
Please note that our Cloud Subscription Agreement (CSA) has always stated that customers are responsible for notifying their clients of changes, and ensuring that their own licensing agreements do not conflict with our CSA. This has been true of every update we have issued, and is standard practice. That being said, we are actively planning webinars and materials that may help you in communicating to your scan clients the information about the change to the terms of service. For MSPs, the first webinar will take place on March 2nd at 11am PT. MSPs can register via the MSP Portal. Our CEO, Bill Brown, will be one of the hosts of this webinar. For all other customers, a separate webinar is scheduled for March 8th. More info about that webinar will be posted to MOUG early next week.
7. Some of our scans that are “public” includes sensitive hidden portions that were hidden in my workshop for very good reasons. Since Matterport stated they will make copies of scans for the Ecosystem what assures me that these portions will not be included in it?
We will only use scan locations that were visible when the model was published.
8. What about private spaces that were made public at one point for a reason. Are you going to copy these?
If a Space has ever been made Public, it is subject to licensing within the ecosystem. However, please remember that we are only retaining a license for the private (i.e. not to be posted publicly), authenticated (i.e. user is the verified owner of the property) use by or on behalf of the property owner. This means that the current property owner must explicitly verify themselves and request access to that content, either by creating a Matterport account directly, or via a third-party integration.
9. I don't think anyone here is against growing demand for 3D scanning or the proliferation of apps. The way this Ecosystem has been explained seems to imply that people/organizations that are not related in any ways to creation of these spaces and/or not aware of their existence at some point in time will get directly or indirectly contacted by Matterport or their partners and they have been using models of their property without their knowledge. So the question is: should contact all my clients e.i RE agents that hires my services to tell them to contact the people that they sold a property to to see if they want to opt out of this ES. Do you think that agent will call me again to scan a property? I don't see this a creating more opportunities for me.
Matterport’s partners won’t be able to use the models without the knowledge of the homeowners. It is the homeowner who chooses to use their model, in a private and authenticated way.
This depends on the relationships and legal agreements you have with your clients. As independent business owners, you agree to Matterport’s Cloud Subscription Agreement, and to structure your own contracts in a way that complies with that. Please note that our Cloud Subscription Agreement has always stated that customers are responsible for notifying their clients of changes, and ensuring that their own licensing agreements do not conflict with our CSA. This is standard practice.
10. So if the new home owners will have private use of the model, after being verified as the owner, what about the previous owners? What if they don’t want the future owners to have access to the model showing all of their personal belongings?
Previous home owners (ie the sellers) can issue a takedown request (opt out) for their Space if they do not want it to be available to the subsequent property owner, even privately. They can find instructions here.
11. What is Matterport’s long term (next 5 years+/-) plan for the MSP program?
Matterport will continue to support and grow the MSP program in new regions. We’ve made several changes over the last year alone that represent our continued commitment to growing alongside our MSP, including the new MSP Member Portal, photographer lead matching automation, 70+ new sales, marketing and enablement materials, third-party offerings page, and countless product enhancements and partnerships to add more value to your services. We deeply value our MSPs and fully intend to support the program.
12. As an MSP it appears my definition and Matterport’s definition of “Private” are different. Can you please define or point me to Matterport’s definition?
When we talk about “Public” and “Private,” we are referring to making a Space public in the Matterport Cloud by toggling the Sharing toggle on the Space detail page to on. Here is the support article.
13. If I delete a model, is it permanently deleted? Or, will Matterport use it in the new ecosystem?
If a model has been public at any point in time then it is subject to the Limited license and the license is perpetual so applies to deleted models.
14. I was fortunate not to have any scans this morning and was able to see this town hall. Other MSPs may be scanning all day/night. Do you plan to have another town hall tonight and tomorrow to allow other MSPs to have input? Maybe send and email out making them aware? Notice in the Portal & Community?
The Virtual Town Hall is an ongoing list of questions posted by users and will be answered on an ongoing basis in the MOUG forum.
16. Is Matterport planning to issue a press release to inform end users of the new ecosystem and how it impacts the use of their spaces?
Press releases by tech companies have been traditionally used for product releases or feature announcements. At this point in time, Matterport has worked to communicate the changes to all customers through emails and official Matterport channels including the Matterport Official Users Group and the Matterport Community. Given the Cloud Subscription Agreement, scan providers are responsible for communicating any changes to terms of service to their scan clients.
17. Is Matterport planning to overhaul it’s “Collaborator” functionality so an MSP can use it without compromising private client information? If so, will Matterport provided unlimited free Collaborators in its pricing plans?
We are always considering updates to existing functionality and are taking a serious look at our collaborator feature so that customers can more easily share their Matterport Spaces without compromising private client info.
18. I need to opt out for my clients. They don’t want their private homes and spaces shared. I will lose my biggest client if he has to opt out for each property. Thanks.
We do have a process in place for clients that have sensitive spaces to opt out. The opt out request is initiated by the home seller/property owner and they can do so by filling out the following google form. Keep in mind that Spaces will not be shared publicly.
19. Could you please show me what I will call the legal road map to the method and documents that you used to gain the ability to sell our copyrighted data to another party. If we log into our accounts are you considering that to be "acceptance" of terms and conditions that establish your right to sell our data.
For those that would like to reference the legal agreements that govern a Matterport user’s participation in the Matterport system, please refer to this link: www.matterport.com/legal. As for the second part of the question, it is the case that the continuing use of the service constitutes the acceptance of the terms of service. As per Section 1 of the new terms of service, the third paragraph states: “Matterport reserves the right to revise any portion of this Agreement in its sole discretion at any time and without notice to You by updating this posting. Thus, You should visit this page periodically for changes. If You disagree with any changes to this Agreement, Your sole remedy is to discontinue Your use of the Matterport Cloud. Your continued use of the Matterport Cloud after a change has been posted constitutes Your acceptance of the change thereafter.”
20. Many of us are concerned about logging into our account as there is a pop up window that is somewhat if not "totally confusing" We are concerned that Matterport is using this as some convoluted method to claim ownership and resale right to our scans. If you could give us a quick yes or no answer to this question it would greatly appreciated. I feel as I must protect the right of display of my scans by any third party in the future. At least as I read the TOS it sounds like if I click and log in those rights are gone. The damage being done to our business with the speed at which Matterport is responding seems more than what is fair.
The answer to this question is similar to the last question. By virtue of the continuing use of the Matterport service, the user is effectively accepting the updated Terms of Service. As per Section 1 of the new TOS, the third paragraph states: “Matterport reserves the right to revise any portion of this Agreement in its sole discretion at any time and without notice to You by updating this posting. Thus, You should visit this page periodically for changes. If You disagree with any changes to this Agreement, Your sole remedy is to discontinue Your use of the Matterport Cloud. Your continued use of the Matterport Cloud after a change has been posted constitutes Your acceptance of the change thereafter.”
21. I very confused with how you have established a "legal" basis to assume ownership of our scans and sell the data to another party. I have reviewed my purchase contract for the "CAMERA" I can see of no place in that document that you stated you would have this right. Even in the Terms of Service it states we (the MSP) hold the copyright. Could you please show me what I will call the legal road map to the method and documents that you used to gain the ability to sell our copyrighted data to another party. (Second 2nd) If we log into our accounts are you considering that to be "acceptance" of terms and conditions that establish your right to sell our data.
You own the copyright. Matterport will only ever make the model available in a very limited way to for the PRIVATE use of the future property owner who must be authenticated or verified.
22. There is a pop up window that is somewhat if not "totally confusing". We are concerned that Matterport is using this as some convoluted method to claim ownership and resale right to our scans. [Is clicking this considered an acceptance of the new TOS?
The popup window is just a notification. The continuing use of Matterport constitutes acceptance of the TOS. This change to the terms of service is not an attempt whatsoever to claim ownership so that we can resell the right to your scans. Again, it is important to note that Matterport will only ever make the model available in a very limited way to for the PRIVATE use of the future property owner who must be authenticated or verified. At no point, can the model be published or sold by the future property owner. We believe, if anything, that this change to terms of service will incentivize and pique the interest of the future homeowner to get a new scan by the MSP that previously scanned the home. Attribution of the model will remain on the model.
23. The only way to request schematic floor plans for the private space is to make it public for a quick second. Any thoughts on this? I have a very big client, that I have agreement with for their spaces to stay private, but they require floor plans. When I contacted MP support, I was told just to quickly make spaces public while requesting floor plans. So I did. If these space show up in the Ecosystem, I’m in a bit trouble.
That is correct that to request a schematic floor plan you must first make your model public for an average of two days. That being said, your client can go to this form and request to an opt-out of the Ecosystem. We are already looking into improving this workflow so you will not have to make a model public in order to order a floor plan. The timing is to be determined.
24. Will the data / scans i have conducted and spent money on acquiring clients, spending time on scanning be given away / sold by Matterport to third parties. Will i be reimbursed for my time and effort and expenditure?
Matterport does reserve the right to potentially provide the future property owner of the Space you captured with private limited access to the Space. That property owner must be authenticated and verified (i.e. show proof of residence or ownership of the property).
25. Have you looked into new laws in the UK regarding GDPR? - How am i supposed to comply with this legislation with the data you are harvesting.
Matterport is working to ensure the terms of service and ecosystem comply with EU laws.
26. Same request from germany & netherlands to opt out. We need to use public spaces but without any 3rd party sharing. Also in our opinion this violates against the EU DSGVO which will be handled strict from may 2018 on. This can lead to big issues, also for Matterport. Are the new Matterport TOC´s and Legals all 100% ok in regard of the EU #DSGVO?
Matterport is working to ensure the changes to the terms of service and ecosystem are compliant with EU laws.
27. According to section 3.8, Matterport is asking camera owners to "represent and warrant" that we have obtained all necessary consent to give Matterport the "perpetual and irrevocable" licenses claimed in section 3.7. Does Matterport have any thoughts on how and from whom we should obtain such consent?
We are working on updating the template agreement we provide to MSPs in the MSP Portal so that it is easy for our MSPs to have a clear agreement they can use. If there are other materials you would like to request, please to post to MOUG or contact email@example.com.
28. Should we notify current owners and renters of all homes we have scanned? Are we still responsible for obtaining consent even for scans we have deleted? By the way, Matterport admins have repeatedly stated that the licenses under 3.7 are only for private use, but it is concerning that 3.8 covers "rights of publicity".
While it is at your discretion whether to inform current or previous scan clients you have worked with about the change to the terms of service, the Matterport Cloud Subscription Agreement does state that customers are responsible for notifying their clients of changes. In regards, to your concern regarding 3.8 and the “rights to publicity” - it is accurate that the the limited license that Matterport is granted only permits for the private use. We will surface this question and work to gain further clarity.
29. Over time, many owners, investors, real estate agents and renters may become associated with a private residence. What are Matterport’s plans for keeping track of changing occupancy? Unless there is a process for giving full and timely disclosure to each party, wouldn’t Matterport be saddling everyone in the chain with unwanted liability?
While a Matterport Space may be managed/owned by the owner, realtor or MSP, the party authorized to request the removal of a Matterport Space is the authenticated and verified property owner. Full and timely disclosure about a Matterport Space is on the shoulders of the Matterport user that created the Matterport Space.
30. Our purchase contract has ZERO language stating that Matterport owns the copyright to our scans and changing your current TOS to hijack our data is illegal and constitutes both an immediate injunction and class action lawsuit against Matterport. You cannot simply change your TOS to LEGALLY hijack your MSPs' data!
It is really important to note that Matterport does not own your copyright. The essential and key change is that Matterport is now taking a very limited license for the future property owner to use a model privately. Again they must be authenticated or verified. It is not the case that Matterport is hijacking the copyright nor is it illegal. We understand your concern, but hope that you can understand that the very limited use of the model. On the surface, this may sound threatening but we believe that this change will actually help grow the demand for scan surfaces.
31. We are forced to use Matterport servers to complete the scans and provide them to our clients. We also PAY Matterport a monthly subscription/hosting fee for our scans to live online and remain viewable to our clients.
Matterport servers are a critical component of the system since they make it possible to automatically get a complete Space within a very reasonable amount of time. If a team of people were to attempt the same thing, it would take a week to complete the processing of a single Space and would clearly be considerably more expensive. The fact Matterport uses servers to accomplish this only makes it faster and significantly cheaper for our customers. The monthly subscription fee is charged for hosting Spaces. Unfortunately, Amazon still charges for server space and data transfer requests from your Space visitors. This is not a cost Matterport can simply absorb.
32. Has Matterport already started selling our scan data to 3rd parties and making it part of their ecosystem without notifying us? I'm sorry but my trust level with Matterport port has severely declined in the last 48 hours.
Matterport is not selling the scan data to third parties. The Ecosystem is still being developed and one of the first steps was to update the terms of service. No third parties can access your Matterport Spaces at this point in time.
33. Does Matterport NOT REALIZE that they are about to destroy their customers' businesses as well as its own business by creating this unnecessary "Ecosystem"?
It is our intent to increase the demand for 3D scan services around the world. This change is a small part of the our strategy and we understand your frustration, but hope to help you better understand the plan so that rather than fear the change, you can ask questions and allow us to explain.
34. EXACTLY WHAT is Matterport requiring camera owners and MSPs to do for each new scan uploaded to Matterport servers, specifically pertaining to scans that are private homes which have been scanned for real estate agents?
There is nothing MSP’s have to do that is different from what they’ve already been doing since joining Matterport. The scanning services MSP’s provide just became more valuable to future property owners. Although there may not be an immediate sense of business growth, this is laying the foundation for future demand for more scanning services down the road.
35. WHY does Matterport need to include private residences as part of their new "Ecosystem"? I can agree with public places, but Matterport has NO RIGHT to use and/or sell our copyrighted scan data of someone's private home. It violates each homeowner's privacy rights.
To be clear, Matterport is not selling the copyrights that belong to the service account owner. Matterport sees more value in a scanned Space beyond the home selling process. We feel by adding Spaces, especially in the real estate market, to the ecosystem, it will only drive demand for the services of our partners.
The real estate market is one that will find the most value in this ecosystem. This is what will give homeowners 10 years down the road the ability to go to Home Depot and, with the homeowner’s authorization only, request that Home Depot help them remodel their home based on the Space in the ecosystem.
36. If I leave the company will I be held liable in the future for any privacy, theft, hacking criminal issues? How do I explain this moving forward. I live in an area where privacy and anonymity is treasured. How do I word this in my contract?
Please contact a local authority on the language that ensure you properly conform to relevant laws applicable in your area of jurisdiction that would apply to your contracts.
37. In Singapore, we have the privacy and data protection law for all individuals and organisations. A website for your reference: https://www.pdpc.gov.sg Would this ecosystem comply with the law?
We are currently evaluating compliance issues for countries around the world where our customers reside. We will ask our attorney to investigate Singapore as well and hope to provide a response as soon as possible
38. For this ecosystem, it seems MP have auto subscribed everyone and when a 3D Space is "public", MP deems that users have given approval to opt in to this ecosystem?
Any space that has been set to public will be part of the ecosystem.
39. Can I request to opt out all my existing Spaces and all future Spaces from this ecosystem ? It should not be the other way round where all Spaces are auto included and need to request to opt out right??
The opt out process requires a separate opt-out request for each space and is initiated by the home seller/owner.
40. In a worse case scenario if my clients feel their privacy has been intruded and decides to take legal actions against my company, will MP takes full responsibility for this? If need to engage a lawyer, will MP pay the full legal fee for such a scenario?
I would review section 8 of the new terms of service and read through the “Limits of Liability” section. It outlines the limits of Matterport’s liability.
41. I’m confused by the compromise that Matterport is making with removing our residential spaces that are 12 months old from being assessed in our total # of models hosted. Do my residential spaces that are already 12 months old count? When should this begin? How will Matterport be able to differentiate which spaces count?
Yes, those residential spaces count as long as they are part of the ecosystem. The program related to hosting overages applies to all spaces for your account that have been hosted for 12 months as of when the program was announced. Matterport will base the number of hosted models on the total number hosted under your subscription plan.
42. Does this mean no more limitations on hosting then?
The plan to provide relief for hosting overages applies until June 2018, and to exclude from your hosting limits (starting June 2018) residential real estate properties with a verified address that are part of the ecosystem, after they have been hosted for 12 months.
43. I hear that MP just partnered with [VRBO] is that why they want to do this?
The changes to Matterport’s Terms of Service and Ecosystem are not based upon any agreement or partnership with VRBO or any other company for that matter.
Steven Zachary Vaughn:
44. Will you be offering a buyback program where we can receive the full price paid for our cameras?
Matterport has no plans for a buyback program at this time.
45. Is there any spanish version of the new terms?
There are no current plans to provide the new terms in any language other than English.
46. If Matterport signs a contract with a MSP in Germany, then it must adhere to European privacy and business laws as well as the laws for German companies. We as individuals don't make up the rules.
Matterport is working to ensure the Terms of Service and Ecosystem are compliant with European Union privacy laws.
47. Are you making the copyright claim retroactive from the day you started the account?
Yes, the change to the terms of service is retroactive and therefore applies to all the models you have created since you started your account.
48. Is there only an opt out option for the person who no longer owns the home?
There is an opt out for the home seller and the property owner.
49. What about privacy concerns for users?
Users that have privacy concerns about having a Matterport Space included in the Matterport system, can have the property owner opt-out by filling out this form.
50. Does this new change to the terms of service create a major liability for anyone that has ever done a scan?
No, we do not believe this change creates a major liability for customers that have used the Matterport system. Again, only the future property owner who must show proof of residence of ownership of the property, can access the model at a later date for private limited use, meaning they can never publish or resell the model.
51. According to TOS, you can’t sue them for maybe greater than $500
That is correct that the limitation of liability according to the Cloud Subscription Agreement is capped at $500.
|Post 1 IP flag post|
|immersivespaces private msg quote post Address this user|
|So basically a shorter version would be eff-you and eff-your customers. Nice.|
|Post 2 IP flag post|
|Gerhard private msg quote post Address this user|
|@immersivespaces Drinking the Cool-Aid and it is delicious.
Just look the comments that they give on the legal aspect outside the US. This model clearly does not comply with those laws. So how to fix it?
Secondly, why must the client contact them to opt out, that is just so ridiculous. The clients already don't own the Showcase so really what say do they have in the matter zero. Because doesn't Matterport own all our content ??? Can someone please explain to me this in the Queens English and stay on the point and not divert with positive comments. If I want positive comments I will go and look at motivational memes on Instagram.
Why must the clients have access to an ecosystem? It is their showcase from the start. Makes no sense at all. So they can go to Home Depot and give them the Showcase link, no need for an Ecosystem. - Like we are using Archilogic for months now importing the OBJ, and now get screwed over again. So yes been using the 3rd parties for a while now and had no need for an ecosystem to use these different platforms at all. They indirectly screwed over companies like these.
Waiting for the replies on this.
Again this is an amazing product / tool so fix this mess. I know there are a lot of peoples livelihoods riding on this. And I wish people on this forum will be more vocal and not just browse the comments but give your input that we as a collective can also come up with solutions. There are no problems in this world just solutions. Just need to ask the right questions.
Matterport please start listening and look at the longetrem effect , becuase by the looks of things you clearly have another agenda and is so focused on that. Invest more time and effort in bettering the software eg removing the camera from mirrors, make the tool awesome again. And I promise you, you will have clients for life and your revenue will speak of that. Wow, us again, like you have done in the past and we will support you. We have been through a lot with you in the past swallowed buckets of cool-aid but I think it has come to a point where we cant swallow no more.
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