Dispute Resolution mechanism?
I really don’t know what to put here. I liked what they have below under 11. Limitation of Liability
Which State is your company/business located at?
Florida
What can make you terminate the contract?
- If the person that paid for the mapping does not have authority to grant us access to the property
- If at any time, any of our employees feel in danger and the owner is unable to fix the issue.
Payment Terms:
- Residential:
- $50 deposit to confirm appointment time.
- 3D Model:
- 10 cents for every square foot we map in the property.
- 5 tags are included in the initial price. Every tag after that is $1.00 each
- 3 months included of online hosting for their model. After that it is $6 / month due every month.
- 3D Virtual Tour:
- 13 cents for every square foot we map in the property.
- 5 tags are included in the initial price. Every tag after that is $1.00 each
- 2 Digital walk-throughs included
- 3 months included of online hosting for their model. After that it is $6 / month due every month.
- Schematic Floor Plans:
- 25 cents for every square foot we map in the property.
- 5 tags are included in the initial price. Every tag after that is $1.00 each
- 3 months included of online hosting for their model. After that it is $6 / month due every month.
- Commercial
- $250 deposit to confirm appointment time
- $100 Hosting for a year
- 3D Model:
- 12 cents for every square foot we map in the property
- Unlimited tags included
- 1 year of hosting included
- 3D Virtual Tour:
- 17 cents for every square foot we map in the property
- Unlimited tags included
- Up to 10 walk throughs included
- 1 year of hosting included
- Schematic Floor Plans
- 27 cents for every square foot we map in the property.
- Unlimited tags included
- 1 year of hosting included
- Google Maps Xp (add on)
- Market Price from google to add model online (~$17)
- 2 cents for every square foot of model size
Intellectual Property that needs to be protected?
Yes. We use this tool (which is not ours) which is called Matterport. This is the software we will use to build the 3D models. We need to make sure that we reference Matterport’s terms and conditions which are located in their website at: https://matterport.com/terms-of-use .
What is the term of the contract?
I have taken several sections from service agreements I found online. These are not my own and should just be used for guidance for what I want to say.
There’s a couple of things that are missing from here:
- I would like to have something in here that says that the person engaging us in the contract is authorized to grant us access to the property and gives us permission to take the necessary pictures to build their model.
- This document will be posted online where customers will need to “agree to terms and conditions” so the language I am assuming will need to match that.
- The delivery timeframe for any product is one to two weeks, depending on the size of the project
- The customer is responsible for making sure that the property is accessible, clean and ready for shooting on their scheduled date/time
- We will blur all personal pictures, faces and anything else they would like for us to blur. However, the customer is ultimately responsible for reviewing our blur edits before publishing. We cannot be responsible for any omissions.
1. General.
The Service is owned and operated by Rose Marie Investments LLC dba Metixx (“Metixx,” “we,” “our” and “us”). Metixx reserves the right to revise any of these Terms in our sole discretion at any time and without prior notice to you by updating this posting, such changes to be effective prospectively. Thus, you should visit this page periodically for changes. If you disagree with any changes to any of these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted constitutes your acceptance of the change thereafter.
2. Services.
Metixx agrees to perform any of the following services as requested by the customer:
- 3D Models: we will take 360 degree measurements (Horizontally) and 270 degrees (Vertically) utilizing proprietary equipment every 3 – 6 feet until we cover the entirety of the property. The model will take pictures and create a digital model of the property. The customer will also be able to add 5 “tags” to the property at no additional cost. A tag is a virtual label that they can place anywhere on the map to provider the viewer additional information about anything on the model.
Our Deliverables: pdf, .xyz files and a link to their model which will be live for three months.
- 3D Virtual Tours: Same as 3D Models + 2 “Digital Walk-throughs” of their property
Our Deliverables: Same as 3D models + 2 “Digital Walk-throughs” of their property which can be seen and available online for three months.
- Schematic Floor Plans: Same as 3D Models + a schematic floor plan, including measurements, for all floors in the property.
Our Deliverables: Same as 3D Models + PDF copies of a schematic floor plans. Other formats available upon request.
- Google Maps Xp: Same as 3D Models + we will add their model to google maps. (Commercial only – We cannot put residential models on Google maps as it violates Google’s terms and conditions.)
2. Prohibited Activities.
In using the Service, you must not:
Send, post, upload or otherwise transmit to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable;
Misrepresent your identity or affiliation in any way;
Collect information about others;
Advertise or solicit the sale of any product or service (unless you have a separate agreement to do so with Metixx) or distribute spam;
Interfere with the operation of or damage the Service;
Violate any applicable laws or regulations; or
Assist or permit any persons in engaging in any of the activities described above.
3. User-Submitted Information.
You must exercise caution, good sense and sound judgment in using the Service. You are solely responsible for any material you transmit to or through the Service (or to us through email). You agree, represent and warrant that any information you transmit to or through the Service (or to us through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information collected from you on the Service is subject to Metixx’s privacy policy available in the footer of the Metixx website. Except as expressly provided in Metixx Privacy Policy and Cloud Subscription Agreement (“CSA”), you give Metixx an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such material you submit, without any payment or accounting to you or others.
5. Ownership and Use of the Service.
The materials made available on or through the Service are protected by copyright and other intellectual property rights, including all images and digital 3D model information available for viewing in the Matterport Viewer. The “Matterport Viewer” means any functionality or application on the Matterport website that displays 3D models and related content. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited. Matterport and its licensors own all right, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service. Matterport and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms.
Customer agrees to comply with Matterport’s terms and conditions as expressly indicated in their website at matterport.com and metixx.com
6. Trademarks.
All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, including but not limited to “MATTERPORT,” are proprietary to Matterport or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof.
10. Disclaimer.
THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, METIXX DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. METIXX DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. METIXX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, RESULTS TO BE ACHIEVED, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
11. Limitation of Liability.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL METIXX OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF METIXX OR A METIXX AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF METIXX AND ITS AFFILIATES OR LICENSORS TO YOU SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID BY YOU TO METIXX OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS LIMITATION OF LIABILITY, SO IT MAY NOT APPLY TO YOU.
12. Indemnification
You will indemnify, defend, and hold harmless Metixx, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to Metixx violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases Metixx from all liability with respect to such Claim or unless Metixx consents to such settlement in writing.
15. Privacy.
Personal information about you provided through the Service is governed by Metixx’s privacy policy, accessible through the footer of the Service. As further provided in our privacy policy, Metixx and its service providers may collect and use personal information and technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—to facilitate the provision of the Service to you. Through your use of the Service, you consent to the collection and use (as set forth in the privacy policy) of information we and our service providers collect from you, including the transfer of this information within and between the United States and/or other countries for storage, processing, and use by Metixx, its affiliates and service providers, and third parties with which it has strategic relationships. By providing your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages from us relating to our product and services at that number.
16. Policy Regarding Third-Party Copyrights.
Metixx respects the intellectual property of others, and we ask our users to do the same. Metixx will promptly remove materials from the Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Metixx with the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Service; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and (f) your electronic or physical signature. You may submit this information to Metixx’s copyright agent by email at reservations@Metixx.com Attn: Copyright Agent. Metixx may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you believe that your material is not infringing or has otherwise been removed by mistake, please provide Metixx with a written counter-notification containing the following information: (i) your name, address, and telephone number; (ii) a description of the material that was removed and the location on the Service where it previously appeared; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (iv) a statement that you consent to the jurisdiction of the United States District Court for the Northern District of California), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and (v) your electronic or physical signature. You may submit this information by the methods described in the prior paragraph. Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request.
Please note that if you fail to comply promptly with the foregoing requirements or any request from Metixx for additional information, your DMCA notice or counter-notification may not be processed further.
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