Terms of Service

1. Agreement

These Terms of Service ("Terms") govern access to and use of Spatialist™, the non-downloadable software service operated by VirtualSpace.xyz LLC ("VirtualSpace," "we," "us," or "our"). By creating an account, signing in, or otherwise using the service, you agree to these Terms.

If you use Spatialist on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes the organization.

2. The service

Spatialist is a cloud platform for spatial-capture businesses and their customers. Features may include scheduling, dispatch, deliverable management, billing, payouts, customer-facing share links, surveys, and integrations with third-party capture and mapping tools.

We may add, change, or remove features. We will use reasonable efforts to avoid breaking changes to core workflows without notice, but the service evolves continuously.

3. Accounts and eligibility

You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for activity under your account.

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract.

4. Acceptable use

You agree not to:

• Violate law or third-party rights
• Upload malware or attempt to disrupt the service
• Access data you are not authorized to access
• Reverse engineer the service except where prohibited restrictions are not enforceable by law
• Use the service to send unsolicited commercial messages in violation of applicable anti-spam laws

Operators are responsible for how they use Spatialist with their customers, including permissions they grant and content they publish through share links.

5. Customer content and data

You retain ownership of content you submit ("Customer Content"), including property imagery, location data, survey responses, and documents. You grant VirtualSpace a limited license to host, process, transmit, and display Customer Content solely to provide and improve the service, comply with law, and enforce these Terms.

You represent that you have all rights necessary to submit Customer Content and to grant this license.

6. Fees and billing

Paid plans, invoices, deposits, and payouts are processed according to the pricing and billing settings shown in the product. Payments may be handled by Stripe or other payment processors. You authorize us and our processors to charge payment methods you provide.

Fees are non-refundable except where required by law or expressly stated in the product. Taxes may apply.

7. Third-party services

Spatialist integrates with third-party products (for example capture platforms, maps, storage, email, and payment providers). Those services are governed by their own terms. VirtualSpace is not responsible for third-party services and does not control their availability or performance.

Matterport® and NavVis® are registered trademarks of their respective owners. Spatialist is independently developed and operated by VirtualSpace.xyz LLC and is not affiliated with or endorsed by Matterport, Inc. or NavVis GmbH.

8. Intellectual property

VirtualSpace and its licensors own the service, software, branding, and documentation. These Terms do not grant you any rights to our trademarks except as needed to use the service in the ordinary course.

Feedback you provide may be used by us without restriction or compensation.

9. Confidentiality

Non-public information about the service, pricing not published publicly, and security-sensitive details should be kept confidential. This does not limit your right to report security issues responsibly.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRTUALSPACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Spatial captures, measurements, and derived outputs may contain errors. You are responsible for verifying outputs before relying on them for safety, legal, or financial decisions.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRTUALSPACE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted by law.

12. Indemnity

You will defend and indemnify VirtualSpace against claims arising from your Customer Content, your use of the service in violation of these Terms, or your violation of law or third-party rights.

13. Suspension and termination

We may suspend or terminate access if you materially breach these Terms, create risk for us or other users, or where required by law. You may stop using the service at any time.

Sections that by their nature should survive termination (including payment obligations, intellectual property, disclaimers, limitation of liability, and indemnity) will survive.

14. Changes

We may update these Terms. If we make material changes, we will provide notice through the service or by other reasonable means. Continued use after the effective date constitutes acceptance.

15. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. Exclusive venue for disputes is the state or federal courts located in Delaware, except where prohibited.

16. Contact

Questions about these Terms: support@virtualspace.xyz