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VisionThree
Legal

Terms & Conditions

Last updated: January 15, 2025

These Terms and Conditions ("Agreement") govern the subscription and use of the VisionThree platform (the "Service") by a customer that has entered into an order form or subscription agreement with VisionThree, Inc. ("VisionThree"). By executing an order form or accessing the Service, the customer ("Customer") agrees to this Agreement.

1. Definitions

  • "Service" means VisionThree's 3D configurator, room planner, AI sales agent, virtual photography, and related platform features made available to Customer.
  • "Customer Data" means product data, 3D assets, pricing rules, and shopper interaction data submitted to or generated within the Service by Customer.
  • "Order Form" means the document specifying the products, fees, and term subscribed to by Customer.

2. Subscription and fees

Customer will pay the fees set out in the applicable Order Form. Unless otherwise specified, fees are billed annually in advance and are non-refundable. Usage-based fees are billed in arrears based on actual usage during the billing period. Late payments may accrue interest at the maximum rate permitted by law.

3. Customer data and intellectual property

As between the parties, Customer retains all right, title, and interest in Customer Data, including any 3D assets created for or supplied by Customer as part of implementation. Customer grants VisionThree a limited license to host, process, and display Customer Data solely to provide the Service. VisionThree retains all right, title, and interest in the Service itself, including its underlying software, rendering technology, and any general-purpose tooling developed during implementation.

4. Service levels

VisionThree will use commercially reasonable efforts to maintain at least 99.9% uptime for the production Service, excluding scheduled maintenance and factors outside VisionThree's reasonable control. Specific service level commitments and remedies may be detailed in an applicable SLA exhibit to the Order Form.

5. Confidentiality

Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information, and not less than a reasonable degree of care, and to use such information only to perform its obligations under this Agreement.

6. Term and termination

This Agreement remains in effect for the term specified in the Order Form and will renew as set out therein, unless either party provides written notice of non-renewal. Either party may terminate for the other's uncured material breach following 30 days' written notice. Upon termination, VisionThree will make Customer Data available for export for a period of 30 days.

7. Limitation of liability

Except for breaches of confidentiality or indemnification obligations, neither party's aggregate liability arising out of this Agreement will exceed the fees paid by Customer in the 12 months preceding the claim, and neither party will be liable for indirect, incidental, or consequential damages.

8. Governing law

This Agreement is governed by the laws of the State of California, without regard to conflict of law principles, and disputes shall be resolved exclusively in the state and federal courts located in San Francisco, California, unless otherwise agreed in an executed Order Form.

9. General

This Agreement, together with any Order Form, constitutes the entire agreement between the parties regarding the Service and supersedes prior agreements on the subject matter. For information on how we handle personal data, see our Privacy Policy, and for terms governing general use of our website, see our Terms of Use.

10. Contact us

Questions about these Terms & Conditions can be sent to hello@visionthree.io.