These Terms and Conditions shall apply to services provided by 1000 Shots incorporated, an entity specifically identified in the Proposal and together with the proposal to which these Terms and Conditions are attached (hereinafter, the “Proposal”), shall constitute the “Agreement.” For purposes of this Agreement, the 1000 Shots inc. ENTITY identified in the Proposal shall be referred to as “1000 Shots inc.” and the entity signing the Proposal shall be referred to as “CLIENT.”
Table of Contents
- A. Scope of Services and Additional Services
- B. Professional Licenses
- C. Standard of Care
- D. Client Responsibilities
- E. Invoicing and Service Charges
- Scheduling, Cancellation, Travel & Weather Policy
- F. Right of Entry
- G. Job Site Safety and Control of Work
- H. Existing Conditions and Subsurface Risks
- I. Indemnification
- J. Limitation of Liability
- K. Waiver of Consequential Damages
- L. Insurance
- M. Force Majeure
- N. Project Deliverables
- O. Conflicts of Interest
- P. Termination and Suspension
- Q. Successors and Assigns
- R. Dispute Resolution
- S. Governing Law
- T. Entire Agreement
- Notes & Exclusions
- Matterport Terms of Service
- Contact Information
- Disclaimer
- Revision Date
A. SCOPE OF SERVICES AND ADDITIONAL SERVICES
1000 Shots inc. will provide those services specifically identified in the Proposal (hereinafter, the “Services”). All Services, regardless of the commencement date, will be covered by these Terms and Conditions.
All services not specifically identified in the Proposal are excluded; provided, however, that if requested by the CLIENT and agreed to by 1000 Shots inc. in writing, 1000 Shots inc. will perform such additional services (“Additional Services”) subject to these Terms and Conditions. Unless otherwise agreed in writing, the CLIENT shall pay 1000 Shots inc. for the performance of any Additional Services on a time-and-materials basis based upon 1000 Shots inc.’s then-current hourly rates. For avoidance of doubt, email will constitute written notice. 1000 Shots inc. email: 1kshotsinc@gamil.com.
B. PROFESSIONAL LICENSES
1000 Shots inc. does not manage construction, or provide architectural, land surveying, engineering or other services for which a professional license is required and makes no warranty or guarantee of any kind for any of our drawings or deliverables. Billings from any such professionals shall be billed directly to the CLIENT. 1000 Shots inc. does not accept any responsibility or liability for the acts or omissions of such providers. Any warranties or representations of such professionals shall run directly to the CLIENT from such professionals. CLIENT agrees that it will not rely on 1000 Shots inc. for the accuracy of any representation or warranty of those providing licensed services.
C. STANDARD OF CARE
1000 Shots inc.’s services will be performed in accordance with this Agreement and in a manner consistent with the generally accepted standard of care and skill ordinarily exercised by professionals performing similar services under similar circumstances at the place and time the services are being performed (the “Standard of Care”). 1000 Shots inc. will exercise commercially reasonable professional care in its efforts to comply with codes, regulations, laws, rules, ordinances, and such other requirements in effect as of the date of execution of this Agreement. The CLIENT agrees that no other representation, warranty or guarantee, expressed or implied, is provided by 1000 Shots inc. or is presumed given by 1000 Shots inc. under this Agreement or in any report, opinion, or any other document prepared by 1000 Shots inc., or otherwise except as expressly provided herein.
D. CLIENT RESPONSIBILITIES
In addition to other responsibilities described herein, the CLIENT shall: (i) provide all information and criteria as to the CLIENT’s requirements, objectives, and expectations for the project, including all numerical criteria that are to be met and all standards of development, design, or construction and all other information reasonably necessary for completion of the Services, prior to the commencement of the Services; (ii) provide prompt, complete disclosure of known or potential hazardous conditions or health and safety risks; (iii) provide to 1000 Shots inc. all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in 1000 Shots inc.’s opinion for completion of the Services; (iv) review all documents or oral reports presented by 1000 Shots inc. and render in writing decisions pertaining thereto within a reasonable time so as not to delay the Services, which written decisions may be delivered by email; (v) furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of Services; (vi) give prompt written notice to 1000 Shots inc. whenever the CLIENT becomes aware of any development that affects the scope and timing of Services provided by 1000 Shots inc.; and (vii) bear all costs of the CLIENT. 1000 Shots inc. will have the right to reasonable reliance upon the accuracy and completeness of all information furnished by the CLIENT.
E. INVOICING AND SERVICE CHARGES
RCE will submit bi-weekly invoices to the CLIENT and a final bill upon completion of Services as outlined in the specific Service Proposal. The CLIENT shall notify 1000 Shots inc. within two weeks of receipt of invoice of any dispute with the invoice. The CLIENT and 1000 Shots inc. will endeavor to promptly resolve any disputed items. Payment on undisputed invoice amounts is due upon receipt of invoice by the CLIENT and is past-due thirty (30) days from the date of the invoice. Any unpaid balances shall accrue late charges of 8% per annum, or the highest rate allowed by law, whichever is lower, and the CLIENT agrees to pay all reasonable and actual out-of-pocket fees and expenses incurred by RCE in any collection action.
- Scheduling, Cancellation, Travel & Weather PolicyUnless otherwise agreed in writing, 1000 Shots inc. requires a 50% deposit at the time of scheduling.
- Refunds with Notice: Deposits are refundable, minus 50% or $450 (whichever is greater), if services are canceled or postponed with at least 48 hours’ notice.Cancellations Between 24–48 Hours: If services are canceled or postponed with less than 48 hours but more than 24 hours’ notice, a 50% late cancellation fee per unit/property will apply for each technician scheduled.Cancellations Within 24 Hours: If services are canceled or postponed with 24 hours’ notice or less, the full shoot amount is due and non-refundable.On-Site Cancellations: If no deposit is required or collected, the full shoot amount will be charged if:
- A technician arrives onsite and the session is canceled (including denied access or the property not being ready).The session is canceled or postponed on the day of service.
- Refunds with Notice: Deposits are refundable, minus 50% or $450 (whichever is greater), if services are canceled or postponed with at least 48 hours’ notice.Cancellations Between 24–48 Hours: If services are canceled or postponed with less than 48 hours but more than 24 hours’ notice, a 50% late cancellation fee per unit/property will apply for each technician scheduled.Cancellations Within 24 Hours: If services are canceled or postponed with 24 hours’ notice or less, the full shoot amount is due and non-refundable.On-Site Cancellations: If no deposit is required or collected, the full shoot amount will be charged if:
F. RIGHT OF ENTRY
The CLIENT shall provide for a safe right of entry in order for RCE to perform its Services,
including execution of any site access or license agreements required for completion of the Services. 1000 Shots inc. will not be required to execute any site access or license agreement(s). While 1000 Shots inc. will take all reasonable precautions to minimize any damage to the property, the CLIENT acknowledges and agrees that in the normal course of work some damage may occur, the correction of which is not part of this Agreement unless specifically provided in the proposal or unless caused by the negligence or willful misconduct of 1000 Shots inc.
G. JOB SITE SAFETY AND CONTROL OF WORK
Unless expressly agreed to in writing by 1000 Shots inc. under separate contract, 1000 Shots inc. will have no responsibility for the safety program at the Project or the safety of any entity or person other than 1000 Shots inc. and its employees. Neither the professional activities of 1000 Shots inc. nor the presence of 1000 Shots inc.’s employees and subcontractors at the Project site will be construed to confer upon 1000 Shots inc. any responsibility for any activities on site performed by personnel other than 1000 Shots inc.’s employees and subcontractors.
The CLIENT agrees that 1000 Shots inc. will have no power, authority, right or obligation to supervise, direct, stop the work of or control the activities of any other contractors or subcontractors or construction manager, their agents, servants or employees. 1000 Shots inc. will take reasonable precautions to safeguard its own employees and those for whom 1000 Shots inc. is legally responsible.
H. EXISTING CONDITIONS AND SUBSURFACE RISKS
Special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program implemented in accordance with a professional Standard of Care may fail to detect certain conditions. The environmental, geologic, geotechnical, geochemical, and hydro-geologic conditions that 1000 Shots inc. interprets to exist between sampling points will differ from those that actually exist. The CLIENT recognizes that actual conditions will vary from those encountered at the locations where borings, sampling, surveys, observations or explorations are made by 1000 Shots inc. or its subcontractors and that the data, interpretation, and recommendations of 1000 Shots inc. are based solely on the information available to it. Furthermore, the CLIENT recognizes that passage of time, natural occurrences, and/or direct or indirect human intervention at or near the site may substantially alter discovered conditions. 1000 Shots inc. shall not be responsible for interpretations by others of the information it develops or provides to the CLIENT.
1000 Shots inc. will take reasonable precautions to avoid damage or injury to subterranean structures or utilities in the performance of its services. The CLIENT agrees to defend, indemnify, and hold 1000 Shots inc. harmless for any damage to subterranean structures or utilities and for any impact this damage may cause where the subterranean structures or utilities are not called to 1000 Shots inc.’s attention or are not correctly shown on the plans furnished by CLIENT or third parties.
I. INDEMNIFICATION
Subject to the provisions of Section J of these General Terms and Conditions, to the fullest extent permitted by law, 1000 Shots inc. agrees to indemnify and hold harmless the CLIENT and CLIENT’s parent companies, subsidiaries, affiliates, partners, officers, directors, shareholders, and employees for any and all damage obligations, liabilities, judgments, and losses for personal injury and/or property damage including reasonable attorney’s fees and other expenses and disbursements, asserted by any third parties to the extent determined by a court of competent jurisdiction to have been caused by (i) the negligent acts, errors or omissions or willful misconduct of 1000 Shots inc. in the performance of its services under this Agreement, (ii)a breach of this Agreement by 1000 Shots inc. 1000 Shots inc. will not be responsible for any loss, damage, or liability arising from any acts by the CLIENT or any of its agents, employees, staff, or other consultants, sub-consultants, contractors or subcontractors. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by an applicable statute of repose or statute of limitations.
To the fullest extent permitted by law, except to the extent caused by the negligence or willful misconduct of 1000 Shots inc., the CLIENT agrees to indemnify, defend and hold harmless 1000 Shots inc. and 1000 Shots inc.’s parent companies, subsidiaries, affiliates, partners, officers, directors, shareholders, and employees for any and all, damage obligations, liabilities, judgments and losses, including reasonable attorneys’ fees and all other expenses and disbursements, to which 1000 Shots inc. may be subject, arising from or relating to:
(i) any unknown site condition or subterranean structures of which 1000 Shots inc. does not have actual knowledge;
(ii) any errors, omissions or inconsistencies in any data documents, records or information provided by the CLIENT on which RCE reasonably relied;
(iii) any breach of contract, tort, error, omission, wrong, fault, or failure to comply with law by the CLIENT or third party over whom 1000 Shots inc. has no control; and the CLIENT’s unauthorized use or copyright violation of plans, reports, documents and related materials prepared by 1000 Shots inc. In connection with any damages, loss, suit, claim or proceeding arising from or otherwise related to the execution of excavation, support of excavation, foundations, or underpinning activities, CLIENT agrees to use all reasonable efforts to seek defense and indemnification from the Contractor and Subcontractor responsible for the work, and, to the extent the CLIENT is entitled to be or is otherwise indemnified by contractors and subcontractors, CLIENT shall not seek indemnification from 1000 Shots inc.
In the event any part of this indemnification is determined to be void as a matter of law, then the clause shall automatically be reformed to be consistent with the law and apply the parties’ intent to the maximum extent permissible by law.
Payment by CLIENT in accordance with Section E of this Agreement (Invoicing and Service Charges) is a condition precedent to 1000 Shots inc.’s indemnification obligations. Full performance by 1000 Shots inc. of its obligations under this Agreement is a condition precedent to CLIENT’s indemnification obligations.
J. LIMITATION OF LIABILITY
To the fullest extent permitted by law, the total liability, in the aggregate, of 1000 Shots inc. and its officers, directors, partners, employees, agents, and sub-consultants, to CLIENT, and anyone claiming by, through, or under CLIENT, and to any third parties granted reliance by 1000 Shots inc. per Section N for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way relating to this Project or Agreement, from any cause or causes, including but not limited to tort (including negligence and professional errors and omissions), strict liability, breach of contract, or breach of warranty, shall not exceed the greater of (i) the total compensation received by 1000 Shots inc., or (ii) $100,000, in each case after application of any available insurance proceeds.
The CLIENT may negotiate a higher limitation of liability for an additional fee, which is necessary to compensate for the greater risk assumed by 1000 Shots inc..To the extent damages are covered by property insurance, 1000 Shots inc. and the CLIENT waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance. 1000 Shots inc. and the CLIENT, as appropriate, shall require of the contractors, subcontractors, consultants, sub-consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein.
K. WAIVER OF CONSEQUENTIAL DAMAGES
1000 Shots inc. and the CLIENT waive all consequential or special damages, including, but not limited to, loss of use, profits, revenue, business opportunity, or production, for claims, disputes, or other matters arising out of or relating to the services provided by 1000 Shots inc. regardless of whether such claim or dispute is based upon breach of contract, willful misconduct or negligent act or omission of either of them or their employees, agents, sub-consultants, or other legal theory. This mutual waiver shall survive termination or completion of this Agreement.
L. INSURANCE
1000 Shots inc. agrees to maintain general and professional liability insurance with limits of $1,000,000. Certificates of insurance will be issued to the CLIENT prior to commencement of Services.
M. FORCE MAJEURE
The parties will not be responsible or liable for any delays in performance, failure of performance or additional costs incurred by the other party related to any force majeure event, including but not limited to fire, flood, explosion, the elements, or other catastrophe, unforeseen existing or subsurface conditions, acts of God, war, riot, civil disturbances, terrorist act, strike, lock-out, refusal of employees to work, labor disputes, inability to
proceedings for professional negligence would be barred by an applicable statute of repose or statute of limitations.
To the fullest extent permitted by law, except to the extent caused by the negligence or willful misconduct of 1000 Shots inc., the CLIENT agrees to indemnify, defend and hold harmless 1000 Shots inc. and 1000 Shots inc.’s parent companies, subsidiaries, affiliates, partners, officers, directors, shareholders, and employees for any and all, damage obligations, liabilities, judgments and losses, including reasonable attorneys’ fees and all other expenses and disbursements, to which RCE may be subject, arising from or relating to:
(i) any unknown site condition or subterranean structures of which 1000 Shots inc. does not have actual knowledge;
(ii) any errors, omissions or inconsistencies in any data documents, records or information provided by the CLIENT on which 1000 Shots inc. reasonably relied;
(iii) any breach of contract, tort, error, omission, wrong, fault, or failure to comply with law by the CLIENT or third party over whom 1000 Shots inc. has no control; and the CLIENT’s unauthorized use or copyright violation of plans, reports, documents and related materials prepared by 1000 Shots inc. In connection with any damages, loss, suit, claim or proceeding arising from or otherwise related to the execution of excavation, support of excavation, foundations, or underpinning activities, CLIENT agrees to use all reasonable efforts to seek defense and indemnification from the Contractor and Subcontractor responsible for the work, and, to the extent the CLIENT is entitled to be or is otherwise indemnified by contractors and subcontractors, CLIENT shall not seek indemnification from 1000 Shots inc.
Payment by CLIENT in accordance with Section D of this Agreement is a condition precedent to 1000 Shots inc.’s indemnification obligations. Full performance by 1000 Shots inc. of its obligations under this Agreement is a condition precedent to CLIENT’s indemnification obligations.
In the event any part of this indemnification is determined to be void as a matter of law, then the clause shall automatically be reformed to be consistent with the law and apply the parties’ intent to the maximum extent permissible by law.
N. PROJECT DELIVERABLE
All reports, opinions, notes, drawings, specifications, data, calculations, and other documents prepared by 1000 Shots inc. and all electronic media prepared by 1000 Shots inc. are considered its project Deliverables to which 1000 Shots inc. retains all rights. The CLIENT acknowledges that electronic media are susceptible to unauthorized modification, deterioration, and incompatibility; and therefore, the CLIENT cannot rely upon the electronic media version of 1000 Shots inc.’s Deliverables. All Deliverables provided by 1000 Shots inc. to the CLIENT as part of the Services are provided for the sole and exclusive use of the CLIENT with respect to the Project. Reliance upon or reuse of the Deliverables by third parties without 1000 Shots inc.’s prior written authorization is strictly prohibited, which authorization shall not be unreasonably withheld, conditioned, or delayed. If the CLIENT distributes, reuses, or modifies 1000 Shots inc.’s Deliverables without the prior written authorization of 1000 Shots inc., or uses 1000 Shots inc.’s Deliverables to complete the project without 1000 Shots inc.’s participation, the CLIENT agrees, to the fullest extent permitted by law, to release 1000 Shots inc., its officers, directors, employees and sub-consultants from all claims and causes of action arising from such distribution, modification or use, and shall indemnify and hold 1000 Shots inc. harmless from all costs and expenses, including the cost of defense, related to claims and causes of action arising therefrom or related thereto.
1000 Shots inc. will not sign any documents that certify the existence of conditions whose existence 1000 Shots inc. cannot ascertain, or execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. In the event RCE is required to execute any certifications, it is understood and agreed that: (i) the words “certify” or “certification” shall mean an expression of 1000 Shots inc.’s professional opinion based upon available information and consistent with the Standard of Care; and (ii) such certification does not constitute a warranty or guarantee by 1000 Shots inc.
O. CONFLICTS OF INTEREST
1000 Shots inc. provides services on behalf of many companies and individuals; thus, during the time 1000 Shots inc. is providing services to CLIENT it may also provide services unrelated to the services 1000 Shots inc. is providing to CLIENT, to other present or future CLIENTs of 1000 Shots inc. with interests adverse to CLIENT’S interests. CLIENT agrees that 1000 Shots inc.’s services to CLIENT will not disqualify 1000 Shots inc. from providing services to other CLIENTs in matters that are unrelated to the services 1000 Shots inc. is providing to CLIENT, and CLIENT hereby waives any conflict of interest with respect to those services.
1000 Shots inc. agrees not to use or disclose any proprietary or other confidential information of a nonpublic nature concerning CLIENT, which is acquired by 1000 Shots inc. as a result of its service to CLIENT, in connection with any other matter, unless required to do so by law.
P. TERMINATION AND SUSPENSION
Except as otherwise provided in this Agreement, this Agreement may be terminated by either party upon not less than seven (7) calendar days’ written notice should the other party fail substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the party initiating the termination. If the defaulting party fails to cure its default within the seven (7) calendar day notice period or fails to commence action to cure its default if the cure cannot reasonably be completed within the seven (7) days, the non-defaulting party may terminate the Agreement.
Failure of the CLIENT to make payments to 1000 Shots inc. in accordance with this Agreement shall be considered substantial non-performance and grounds for termination or suspension of services at 1000 Shots inc.’s option after such seven (7) day notice period or anytime thereafter. In the event of suspension for non-payment, 1000 Shots inc. shall have the right to: (i) withhold its project Deliverables; and (ii) demand advanced payment for future services. Furthermore, 1000 Shots inc. will be compensated for all services performed and reasonable reimbursable expenses incurred prior to such termination and all reasonable termination expenses. In the event of a suspension of services or termination of the Agreement by 1000 Shots inc. in accordance with this Section O, 1000 Shots inc. will have no liability
for any delay or damage of any kind actually or allegedly caused by such suspension of services or termination. CLIENT shall not withhold amounts from 1000 Shots inc.’s compensation to impose a penalty or damages on 1000 Shots inc., or to offset sums requested by or paid to contractors for the cost of changes in their work unless 1000 Shots inc. agrees or has been found liable for the amounts.
Q. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties hereto and their respective successors and assigns. Neither party may assign or transfer this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed. The parties agree that this Agreement is not intended to give any benefits, rights, actions or remedies to any person or entity not a party to this Agreement, as a third-party beneficiary or otherwise under any theory of law.
If 1000 Shots inc. is requested to execute a consent to assignment of this Agreement to a lender or other entity providing financing for the Project, 1000 Shots inc., in its sole but reasonable discretion, may agree to execute any such document provided it does not materially alter 1000 Shots inc.’s risk exposure or obligations under this Agreement, and provided the assignee agrees to: (i) pay any amounts due and owing at the time of assignment; (ii) pay any amounts to become due subsequent to such assignment; and (iii) be bound by the terms and conditions of this Agreement.
R. DISPUTE RESOLUTION
1000 Shots inc. and the CLIENT agree that any disputes arising under this Agreement and the performance thereof shall be subject to non-binding mediation as a prerequisite to further legal proceedings, which proceeding must be brought in a court of competent jurisdiction in the state in which the office of 1000 Shots inc. that issued the Proposal is located. 1000 Shots inc. and CLIENT waive any right to a trial by jury.
All actions by CLIENT against 1000 Shots inc., and by 1000 Shots inc. against CLIENT whether for breach of contract, tort or otherwise, shall be brought within the period specified by applicable law, but in no event more than five (5) years following substantial completion of 1000 Shots inc.’s services. CLIENT and 1000 Shots inc. unconditionally and irrevocably waive all claims and causes of action not commenced in accordance with this paragraph.
If the CLIENT asserts a claim against 1000 Shots inc. relating to allegations of professional negligence in performance of 1000 Shots inc.’s services under this Agreement, 1000 Shots inc. will be entitled to reimbursement of any actual and reasonable out-of-pocket costs incurred by 1000 Shots inc. in the defense of the professional negligence claim, including any expenses incurred as part of 1000 Shots inc.’s professional liability insurance deductible, to the extent 1000 Shots inc. is successful in its negligence defense.
S. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the state in which the office of 1000 Shots inc. that issued the Proposal is located.
T. ENTIRE AGREEMENT
Unless a separate agreement is executed by the parties, upon receipt of direction to proceed from CLIENT and commencement of the SERVICES by 1000 Shots inc., and regardless of whether CLIENT signs the Proposal, these General Terms and Conditions will govern 1000 Shots inc.’s performance of the Services.
This Agreement (consisting of these General Terms and Conditions, the accompanying Proposal and 1000 Shots inc.’s Fee Schedule, if applicable) constitutes the entire agreement between the parties, supersede any and all prior agreements or representations of the parties to this agreement and conflicting terms on documents created by the CLIENT, and may not be modified, amended, or varied except by a document in writing signed by the parties hereto
Notwithstanding anything to the contrary in this Agreement, the parties Agree that the Non-Disclosure and Confidentiality Agreement signed by the parties is not superseded by this Agreement and remains in effect.
Notes & Exclusions
Exterior scans may be delayed due to inclement weather or high wind. If on site work is impeded beyond the control of an 1000 Shots inc. technician, additional site time may need to be scheduled at CLIENT’s expense. CLIENT will be notified prior to scheduling additional site work.
Laser scanning is a non-destructive, non-obtrusive form of project documentation. Only visible information in the field will be collected. If an element cannot be seen by the human eye then the scanner will not collect the data. If you wish to collect specific information concealed or obstructed, then these elements must be exposed prior to scanning. Laser scanning technology is limited to line of sight visibility. Laser scanning cannot “see” inside walls or objects, through piping insulation or underground.
Additionally, any materials or items on the floor/ground or obstructing the view of key features should be removed prior to scanning, at no cost to 1000 Shots inc. Examples:
- Items on the floor should be removed if floor flatness or floor detail is needed.
- Piping insulation should be removed by the CLIENT prior to scanning if the actual outside diameter of piping is important. The outside diameter of piping or insulation will be captured.
- Fireproofing on structural steel members should be removed (if possible) if exact location and detail is imperative.
- Vegetation including shrubs, trees, bushes, etc.
- Stationary objects such as parked vehicles (trucks, rail cars, fork lifts, man lifts, etc.), shelving rack systems, bins, furniture, etc.
1000 Shots inc. is not responsible for housekeeping. Any debris, materials, equipment, or other obstructions in the area at the time of scanning will likely be captured in the scan data and could potentially block out needed data.
Scanning is typically conducted from the ground and/or solid floor surface free of movement/vibration. Some shadowing in the data will occur due to line of sight from ground level.
Ceiling data is limited to the bottom of the flange of exposed structure unless explicitly stated. Some additional data may be captured with shadowing based on line of sight.
The quote provided by 1000 Shots inc. includes basic cloud cleaning such as the cropping of data and removal of reflections. Excessive items (i.e. steam, people, equipment, etc.) that need to be cleaned out of point clouds for registration of data or at CLIENT’s request, may incur an additional fee of $75/hour above and beyond quoted pricing. If required, the CLIENT will be notified prior to beginning point cloud cleaning.
Any rooms that are locked or unable to be accessed at the time of scanning will not be scanned or modeled.
All collected point cloud data will not be geo-referenced or tied to an existing project coordinate system. It will be tied to the project base point.
Material types will not be included or implied in the model unless explicitly stated.
1000 Shots inc. does not manage construction, or provide architectural, land surveying, engineering or other services for which professional license is required and makes no warranty or guarantee of any kind for any of our drawings or deliverables. Billings from any such professionals shall be billed directly to the CLIENT. 1000 Shots inc. does not accept any responsibility or liability for the acts or omissions of such providers. Any warranties or representations of such professionals shall run directly to the CLIENT from such professionals. CLIENT agrees that it will not rely on 1000 Shots inc. for the accuracy of any representation or warranty of those providing licensed services. 1000 Shots inc. deliverables (drawings and models) are not intended to be used without the direct supervision and review by the CLIENT. 1000 Shots inc. is a 3D laser scanning firm and does not specialize in your specific industry; therefore, the CLIENT assumes sole responsibility that the provided deliverables meet the specific project needs and requirements.
Any drawing or modeling provided by 1000 Shots inc. is to be used, at the risk of the CLIENT, as a starting point for the project and needs to be reviewed carefully by the CLIENT using sound industry review practices to ensure accuracy based on the project’s needs.
1000 Shots inc. will be responsible for hosting data for one year after delivery, or unless otherwise negotiated. Matterport files are archived offline. These files can be downloaded to a compatible device and imported to Matterport Capture App to add more data or to be re-hosted anytime. These open Matterport files are added to the Project Archive upon receipt of invoice. Hosted Matterport models can be transferred to another Matterport account at any time upon receipt of invoice.
Matterport Terms of Service
CLIENT acknowledges that all use of Matterport software, services, and viewers is subject to Matterport’s own Terms of Service and related agreements. By engaging 1000 Shots Inc. for Matterport scanning or deliverables, CLIENT agrees to comply with all applicable Matterport terms, including without limitation:
- Matterport Terms of Use
- Matterport Platform Subscription Agreement
- Matterport Hardware Terms and Conditions of Sale
- Matterport App End User License Agreement (EULA)
- Matterport Capture Services Terms
- Matterport Submission Terms & Conditions
- Matterport Government App End User License Agreement
- Matterport Additional Terms & Functionality (SDK/API, Professional Services, AI Features, Beta Services)
- Matterport Academic Use End User License Agreement
CLIENT’s use of Matterport assets, viewers, or related services shall at all times remain subject to Matterport’s intellectual property rights and licensing restrictions.
Contact Information
For questions regarding these Terms & Conditions, please contact:
1000 Shots Inc.
Website: 1kshots.com
Email: 1kshotsinc@gmail.com
Phone: 718.908.6123
Disclaimer
These Terms & Conditions are subject to change without prior notice. The most recent version will always be published on our website. By engaging 1000 Shots inc. the CLIENT agrees to be bound by the version in effect at the time services are performed.
1000 Shots inc. is not responsible for delays, inaccuracies, or limitations inherent in third-party platforms, including Matterport. All Matterport services remain subject to Matterport’s Terms of Service and related agreements.
Revision Date
Last revised: October 3, 2025