We encourage you to read this VPiX sales policy. These terms become effective and binding when you make any purchase at VPiX and/or when you accept the VPiX User Licensing Agreement (VULA) when activating your back-office account on VPiX360, MotorStreet360 or CSI360 SaaS platforms. You may not use our software platforms if you disagree with the VPiX Sales Terms Policy Terms or the VULA.
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “your” “photographer” “operator” or “user”) and Virtual Pictures Corp. and our SaaS platforms (“VPiX, MotorStreet, CSI360,” “we,” “us” “our”). Please read these Terms carefully before using our Software as a Service (SaaS) (defined below). “You” and “users” shall mean all users of our Software platform. These Terms include VPiX’ Privacy and Cookies Policy (“Privacy Policy”), incorporated by reference into these Terms. YOUR USE OF OUR SOFTWARE AS A SERVICE PLATFORM SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THESE TERMS EACH TIME YOU ACCESS THE VPIX SERVICE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE OUR SOFTWARE PLATFORM(S). You may not use or access the Software as a Service unless, and by accessing the Software as a Service, you represent and warrant that you, if an individual, are at least 18 years of age and accept and agree to be bound by these Terms.
No part of our software, services, or products are designed to be sold to or used by anyone under 18.
VPiX reserves the right in our sole discretion to update, amend, or modify these Terms in whole or in part, which will be effective when posted. We will alert you about any changes by updating the “Last Updated” date of our Terms, and you waive any right to receive direct notice of such change. You are responsible for periodically reviewing these Terms to remain informed of any updates. If you cannot agree with our Terms or object to them, your sole recourse will be to stop using the Software as a Service platform. The terms “uploading,” “publishing tours,” and “linking 360 Web URLs” shall mean the act of creating a “digital twin” or publishing a “360 virtual tour” that is hosted on our platform(s).
Our 3D on-demand Software as a Service (SaaS) platforms operate in the United States. We host dedicated servers behind Cisco Series 5000 firewalls. In some cases, at VPiX's sole discretion, we will set up your account(s) at a Rackspace data center in London, Germany, or another data center near the place of your business. Sometimes, we may host with Digital Ocean for custom work we develop for you. If you access our platform or view any VPiX, MotorStreet, or CSI360 publicly posted tours, we will process your personal information per applicable privacy laws and our Privacy Policy, certified as GDPR compliant.
Our “360 on-demand publishing platforms” means the website(s) located at https://vpix360.com, https://motorstreet360.com, https://csi360.net and any associated software, applications, and Internet services under VPiX control, whether partial or otherwise, used in connection with providing the services from Virtual Pictures Corp. Our do-it-yourself on-demand 360 publishing platform(s) provides online, on-demand 360 creation and publishing tools to enable you to upload and create interactive 360 virtual tour content. Our 360 publishing platforms are never sold but are leased via a monthly or annual subscription. We work business-to-business (B2B), supporting mid-market and enterprise-level customers.
We do not provide consumer-level accounts. With our thought leaders and seasoned practitioners (collectively “3D Success Managers”), VPiX offers a robust 360 creation and publishing platform, and our Jedi Masters of Augmented Reality, Mixed Reality, and Virtual Reality can help your company gain an effective 360 digital marketing strategy. If you are new to AR, MR, and VR, we invite you to ask about our Virtual Tour Boot Camps, which we teach in our Colorado office and online via Zoom.
VPiX platforms allow you to automate your 360 tours and automobile inventory by connecting your account to third-party websites, including but not limited to Apartments.com, Zillow, Realtor.com, Facebook, Twitter, LinkedIn, Dealer.com, Fox Dealer Jazel, and many others. Your MotorStreet account can be connected to Homenet, vAuto, VIN Solutions, DMS platforms, and other VIN-data providers.
If you use these outside data services, you are responsible for authorizing VPiX to access that data and to receive vehicle data via a CSV feed. While VPiX will connect your data to your account, VPiX is not responsible for the quality or accuracy of that data. If or when your CSV data feed fails or is changed at no fault or action by VPiX, we can and will, in good faith, work with the data provider to investigate the issue(s). We will correct any bugs and restore the CSV feed to a functional state within a reasonable timeframe. Depending on your MotorStreet service level, month-to-month and non-VIP customers may be billed for the work. Any automobile dealer will experience an average of 24 data feed issues, which can run $180 to over $330 per incident to fix. We recommend choosing one of our VIP-annual plans, which include unlimited 3rd party CSV feed “whoops” insurance coverage.
You are responsible for reviewing the applicable terms and policies of any Third-Party Website provider, including the CSV feeds or other content that is linked to your VPiX or MotorStreet account. You agree that VPiX is not responsible or liable for any loss or damages for connecting your VPiX or MotorStreet account to any 3rd party data feed.
VPiX provides Zoom demos to educate prospects on the limitations of 360 cameras before purchase. VPiX does not (typically) provide refunds on customer equipment but can (at VPiX's sole discretion) with an approved VPiX authorization and an RMA. Restocking fees of 15% may apply.
VPiX will exchange for any damaged product(s) due to manufacturer defect or shipping carrier. Return the damaged gear in the original box, and all included accessories along with the original receipt (or gift receipt) within 14 days of the date you received the product, and we’ll exchange it. In addition, please note the following:
You agree to pay for all products and services you purchase through VPiX, and we may charge your selected payment method, either directly or through a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the VPiX Service.
VPiX uses secure third-party payment processors for electronic commerce, including but not necessarily limited to QuickBooks Online and Total Pay LLC. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal. Such payment methods are subject to change. Information that you supply to our payment processors is not stored by us or within our control and is subject to each of our third-party payment processor’s privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments, and VPiX is not responsible for any fees they charge. Except as otherwise limited by applicable law, VPiX disclaims all liability concerning any fees or problems you have with third-party payment processors.
VPiX makes no representations or warranties about the continued availability of any particular payment method made available for use.
When you provide a credit card number to us to activate or pay for any fees related to VPiX, MotorStreet, or CSI360, we, through our third-party payment processor, may seek pre-authorization of your credit card account before purchase to verify the credit card is valid or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please get in touch with your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Our policy for refunding purchases is limited to payment or prepayment(s) the customer has made on 360 camera gear that is on backorder and wants to modify or cancel their order. If canceled after production begins, custom 360 equipment builds, such as Carousel USA turntables, will incur a 60% penalty charge.
Partial refunds can be made for customers who pre-paid but cannot attend an upcoming VPiX, MotorStreet boot camp, or remote training via Zoom. Refunds are subject to workshop materials costs, including but not necessarily limited to 360 gear, lights, accessories, T-shirts, personnel time, hosting, software, shipping charges, administration fees, and early termination penalty. Please contact us at ar@vpix360.com to cancel your training and request a partial refund.
You agree to submit any disputes regarding any charge to your account in writing to VPiX within thirty (30) days of such charge, or your dispute is waived, and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to us at ar@vpix360.com
VPiX will file a “theft of services” complaint against any customer who falsely disputes any authorized credit card charge(s) with their bank to circumvent our VPiX Sales Policy Terms. VPiX has a ZERO tolerance policy for customer chargebacks. Criminal complaints are filed with the 4th Judicial District in El Paso County, Colorado Springs, Colorado.
Monthly subscription holders are typically charged on the 1st or 15th calendar date for the number of projects and the storage/bandwidth used. All Customers are required to have a credit card on file. Annual subscription accounts may be paid via company or agency check, credit card, or bank wire. National accounts under a 2-year or 3-year Service Level Agreement (SLA) may pay monthly or annually per the terms of the SLA.
To cancel your VPiX, MotorStreet, or CSI360 account, you must cancel by 15 days before your next automatic billing date. Cancellations made within 1 – 14 days before the billing date will be subject to that month’s billing.
User will need to call us at (719) 481-3160. You will need your:
You must include your login user ID and the last four digits of the credit card on file to close your account. Your VPiX Customer Success Manager will email or call to confirm your cancellation.
To cancel your VPiX, MotorStreet, or CSI360 annual account, you must cancel at least 30 days before your annual renewal date. Cancellations made after that date will still be honored. However, you will be charged for the yearly service plan, as VPiX will have already pre-paid your annual storage and bandwidth with Rackspace for another year.
The authorized user must call +1(719) 481-3160 to cancel your annual service. You will need your:
Once your account is canceled, your tours will remain hosted for 30 days. If you are a property manager, a photographer, or a content producer (like an ad agency or other creative agency), please get in touch with your customers and allow them to have their tours hosted with VPiX.
Please offer your customers the professional courtesy of letting them host their projects with VPiX. We will migrate their digital twins (360 projects) from your account to theirs before your account self-deletes on day 30.
We do not enjoy getting emails or calls from upset customers you worked for asking us *WTF* happened to their now-deleted 360 projects. VPiX will not be responsible for legal or civil actions arising from your upset customers. At our sole option, we will restore their tours and move them to a new account with little or no notice to you.
All custom work will be defined in a Scope of Work (SOW) document detailing the work, payment milestone(s), and ownership. All custom work, including consulting expenses for said project(s), are non-refundable. If the work is a “Work for Hire,” all intellectual property and copyrights are conveyed to the customer only after receiving all payments. Project fees for custom software development will be billed plus/minus 10%. For projects with a “cancellation clause,” the customer will be responsible for the payment(s) of the balance for work performed, including hosting and contractor expenses and penalties for early termination.
Payment for any VPiX training at our Colorado (Boot Camps) or via Zoom online training is non-refundable. For installment plans, any payment(s) not yet billed and paid for may be refunded or partially refunded depending on any outstanding expenses pending for products or services not yet billed on your account. For Zoom training, in the event of Internet issues, including but not necessarily limited to DNS outages, hardware failure, strikes, or network congestion, VPiX shall make alternate dates and instructors available to the customer.
Once you book any training over Zoom with VPiX, you are expected to show up on time for the scheduled training date(s). If you are a NO-SHOW on the date the training is set to begin, your account will be billed for the training. If you have to cancel your scheduled Zoom training, you must contact VPiX at least (3) days in advance by calling us at +1(719) 481-3160 and speak to admissions or leave us a voicemail. Alternatively, you may contact your instructor at least (3) days before the scheduled training date(s).
VPiX home office or any VPiX licensed affiliate, including any VPiX-certified photographers, may provide various on-site photographic services including but not necessarily limited to still photos, 2K or 4K video, performing GIS/GPS measurements of rooms (LiDAR) including 3D structure scans for 2D or 3D maps/floor plans, aerial drone videos/shots, elevated mast photography and post-production services.
All jobs will be accompanied by a Scope of Work (SOW) and a shot sheet, which the customer must sign and return. Suppose a customer does not provide a signed shot sheet before the scheduled date and elects to have a photographer work with an on-site manager to direct the shoot. In that case, the customer shall be responsible for all content produced or lack thereof.
Not using your VPiX account and ignoring your monthly or annual VPiX service plan invoices is not an acceptable form of cancellation. All invoice charges for your VPiX subscription, including any late fees, will continue to accrue until your bill is paid in full and properly canceled.
In extreme cases of habitually late payments or financial irresponsibility of any VPiX photographer customer, VPiX reserves the right to move the customer’s projects to another provider or the customer for which you did the work. For example, a VPiX photographer customer has a two-year service agreement and pays $709 monthly. If that VPiX Publisher has not paid for their VPiX service bill and is in arrears for more than 60 days, then VPiX, at our sole discretion, may move some or all of your 360 projects to your customer(s) or another VPiX provider with little or no notice to you. At our sole option, any copyrights for your projects will now belong to either VPiX or the Customer whom you produced the work for.
Customer represents and warrants that all content uploaded is either (a) Produced by them or their contractors or employees and is not going to infringe on any existing copyright or intellectual property rights of another party, (b) Or has been bought and is licensed to Customer for use on another publishing platform, (c) Is not pornographic or offensive to the general public.
Customer hereby agrees to indemnify and hold VPiX and its officers, directors, employees, agents, affiliates, licensees, and photographic contractors harmless from and against any and all claims, costs, demands, damages, liabilities, losses or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (1) the assignment for the shoot(s) the photographers take, (2) any content you provide for use in the shoot, and (3) your use of any VPiX 360 cloud server used to publish the content.
All VPiX quotes are good up until the expiration date. Price protection on any equipment quote will be honored, providing a purchase or purchase order is placed on or before the expiration date.
Prices for all quotes are in U.S. dollars. If you pay for your order with an international credit card, your purchase price may fluctuate with exchange rates and shipping costs. International shipping may include additional charges such as import duties and Value Added Taxes (VAT). These costs are paid separately and are not included in any VPiX quote.
For GSA pricing, VPiX will provide you with a quote reflecting current pricing on 360 cameras, hardware, drones, accessories, software, software setup, licensing, and training. With six months or more extended quotes, a signature, and a purchase order are required to guarantee your price lock.
Shipping is typically done via UPS, our preferred customer carrier within the 48 contiguous states. Shipments to Alaska, Hawaii, and Puerto Rico may include DHL, FedEx, or another carrier at our sole discretion. VPiX provides insurance for replacement costs (new retail) on all camera and electronic products in all shipments. You are responsible for inspecting the shipment(s) within two business days to ensure no “drop shock” damage to the equipment. Any claims placed for damaged equipment made after three business days may not be honored.
VPiX may use DHL, UPS, USPS, FedEx, or another carrier for international orders. All international shipments include insurance on the equipment.
For VPiX White Label Media Servers and Licensing costs, please visit https://www.vpix360.com/vpix-licensing-plans.php