Software license, hosting, intellectual property, customer content, platform usage, API, white-label, and SaaS terms for the VPiX virtual tour publishing platform.
Version 3.0Effective January 1, 2026VPiX Platform Only
Important: By accessing, subscribing to, uploading content to, publishing through, integrating with, or otherwise using the VPiX platform, Customer agrees to be bound by this VPiX User License Agreement ("VULA").
1. Introduction
This VPiX® User License Agreement ("VULA" or "Agreement") governs the access to and use of the VPiX virtual tour publishing platform, VPiX360.com, hosting services, APIs, dashboards, mobile applications, media processing tools, white-label systems, digital asset management tools, and related software services provided by Virtual Pictures Corp. ("VPiX," "Company," "we," "our," or "us").
This Agreement applies strictly to VPiX and VPiX360.com. It does not govern MotorStreet, CSI360, Smoke.net, or any other separately branded software product unless expressly incorporated by written agreement.
VPiX is a business-to-business software platform. No consumer services are offered. Children and individuals under the age of eighteen (18) are not permitted to license, access, or use the VPiX platform.
2. Definitions
Customer means the business entity, agency, photographer, property manager, organization, or authorized representative that subscribes to, accesses, uploads content to, publishes through, or otherwise uses VPiX.
VPiX Platform means VPiX360.com, VPiX Publisher, VPiX hosting services, APIs, dashboards, media processing tools, mobile applications, digital asset management tools, virtual tour publishing tools, white-label systems, and related software components.
Tour or Project means a 360 virtual tour, digital twin, panoramic presentation, hosted gallery, media project, or related published content created, uploaded, hosted, or managed through the VPiX Platform.
Customer Content means photographs, panoramas, videos, PDFs, floor plans, logos, text, metadata, files, links, and related content uploaded, published, processed, hosted, or distributed through VPiX by or on behalf of Customer.
Software means all VPiX source code, object code, scripts, databases, workflows, APIs, user interfaces, publishing systems, media processing systems, hosting architecture, mobile applications, documentation, and related technology.
3. License Grant
Subject to Customer's compliance with this Agreement, applicable sales policies, payment obligations, and any executed subscription, proposal, quote, scope of work, or licensing agreement, VPiX grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the VPiX Platform solely for Customer's authorized internal business purposes.
This license permits Customer to create, upload, edit, host, publish, share, and manage VPiX Tours or Projects only within the functionality made available through Customer's active subscription or written licensing agreement.
No ownership rights are granted. All rights not expressly granted are reserved by Virtual Pictures Corp.
4. Software Ownership
VPiX software is licensed and not sold. Customer receives no ownership interest in the VPiX Platform, Software, source code, object code, databases, APIs, hosting systems, workflows, trade secrets, publishing tools, media processing systems, user interfaces, business methods, patents, patent applications, trademarks, copyrights, or related intellectual property.
The expiration, termination, or cancellation of this Agreement shall not diminish or impair Virtual Pictures Corp.'s ownership of its intellectual property, trademarks, trade secrets, copyrights, patents, patent applications, proprietary methodologies, or goodwill.
5. Permitted Uses
Customer may use the VPiX Platform to create, upload, host, edit, publish, distribute, and manage Customer Content and VPiX Tours or Projects in accordance with this Agreement and Customer's active subscription plan.
Permitted uses include professional virtual tour publishing, digital asset management, property marketing, business marketing, hospitality presentations, school tours, museum tours, RV and marine presentations, franchise presentations, and other lawful professional uses supported by VPiX.
6. Prohibited Uses
Customer shall not, directly or indirectly, do any of the following:
Reverse engineer, decompile, disassemble, copy, clone, emulate, or attempt to derive the source code, structure, architecture, workflows, APIs, or business methods of the VPiX Platform.
Create derivative works based on VPiX software, user interfaces, workflows, publishing systems, media processing systems, or white-label infrastructure.
Sell, resell, sublicense, rent, lease, assign, transfer, distribute, or commercially exploit access to the VPiX Platform except as expressly permitted by written agreement.
Use scraping, bots, crawlers, automated harvesting tools, data mining, automated screenshot collection, or similar extraction methods against the VPiX Platform.
Use the VPiX Platform to upload unlawful, infringing, pornographic, defamatory, abusive, deceptive, malicious, or unauthorized content.
Interfere with platform security, attempt unauthorized access, bypass access controls, overload servers, abuse APIs, or circumvent technical limitations.
Publish competitive benchmarking, performance testing, security testing, or platform comparison materials without prior written permission from VPiX.
7. Customer Content Ownership
Customer retains ownership of all photographs, panoramas, videos, PDFs, floor plans, documents, metadata, and other Customer Content uploaded to the VPiX Platform, subject to any rights held by third parties.
Customer grants VPiX a limited, worldwide, non-exclusive license to host, process, store, cache, backup, display, publish, transmit, distribute, resize, convert, and otherwise use Customer Content solely as necessary to provide, support, maintain, secure, and improve the subscribed VPiX services.
Customer represents and warrants that Customer has all rights, licenses, consents, permissions, and authority necessary to upload, host, display, publish, distribute, and authorize VPiX to process Customer Content.
Customer is solely responsible for Customer Content, including copyright clearance, privacy compliance, third-party permissions, client approvals, public display rights, and any required notices or releases.
8. Hosting Services
VPiX provides hosted software and media publishing services according to Customer's active subscription plan, service agreement, or written licensing arrangement.
Hosted services may include storage, bandwidth, media processing, public links, private links, embedded tour players, dashboards, backups, APIs, and related publishing tools.
VPiX may apply reasonable storage limits, bandwidth limits, file type limits, upload limits, rate limits, security restrictions, or technical controls to protect platform performance and security.
9. APIs and Integrations
VPiX may provide APIs, embedded tools, third-party integrations, custom links, or technical connectors as part of the VPiX Platform or under a separate written agreement.
API access is a privilege and may be rate limited, modified, suspended, or revoked at VPiX's sole discretion to protect platform stability, security, intellectual property, or other customers.
Customer shall not use APIs or integrations to harvest data, clone platform functionality, bypass subscription limits, create competing services, or access data that Customer is not authorized to access.
10. Artificial Intelligence and Machine Learning Restrictions
AI training is not permitted without written authorization. Customer may not use VPiX software, outputs, workflows, screenshots, APIs, data structures, tours, platform interfaces, documentation, or proprietary materials for training, tuning, testing, evaluating, or developing artificial intelligence systems, machine learning models, large language models, synthetic content systems, computer vision systems, or similar technologies without VPiX's prior written consent.
This restriction applies whether the activity is performed directly, indirectly, through contractors, consultants, automated tools, affiliated entities, or third-party AI services.
11. Intellectual Property Rights
VPiX and Virtual Pictures Corp. retain all right, title, and interest in and to the VPiX Platform, Software, source code, object code, interfaces, workflows, APIs, documentation, databases, trade secrets, proprietary methodologies, copyrights, trademarks, patents, patent applications, service marks, trade dress, and related intellectual property.
Customer shall not remove, obscure, alter, or misrepresent any copyright, trademark, patent, confidentiality, attribution, or proprietary notice appearing in or associated with the VPiX Platform.
12. Trademark, Domain Name, and Brand Protection
Customer acknowledges that VPiX®, Virtual Pictures®, Virtual Pictures Corp., VPiX360®, and related VPiX-branded products, services, logos, trademarks, service marks, trade dress, domain names, and branding elements are valuable intellectual property assets owned by Virtual Pictures Corp.
Without prior written consent from Virtual Pictures Corp., Customer shall not register, acquire, purchase, broker, traffic in, warehouse, monetize, redirect, lease, sublicense, or otherwise exploit any domain name containing or confusingly similar to VPiX, VPiX360, Virtual Pictures, Virtual Pictures Corp., or any VPiX product or service name.
Customer shall not register social media usernames, handles, profiles, groups, pages, communities, or accounts confusingly similar to VPiX trademarks, nor purchase keyword advertising, sponsored listings, or search engine advertising designed to create confusion regarding VPiX products or services.
Customer shall not represent affiliation, partnership, endorsement, certification, ownership, reseller status, or authorization that has not been expressly granted by Virtual Pictures Corp. in writing.
Customer agrees that any attempt to register, traffic in, redirect, monetize, or otherwise exploit a confusingly similar domain name, social media account, advertising campaign, or digital asset may constitute trademark infringement, unfair competition, cybersquatting, bad-faith registration, and irreparable harm.
Virtual Pictures Corp. expressly reserves all rights available under the Lanham Act, the Anti-Cybersquatting Consumer Protection Act (ACPA), UDRP proceedings, WIPO proceedings, and applicable state and federal trademark laws.
Competitive Copying and Platform Cloning
Customer shall not copy, reproduce, imitate, reverse engineer, benchmark for competitive purposes, replicate, clone, emulate, or develop derivative products substantially similar to the VPiX Platform, software architecture, APIs, workflows, interface designs, publishing systems, white-label infrastructure, media processing systems, or business methods.
The foregoing restriction applies whether such activities are performed directly, indirectly, through contractors, consultants, artificial intelligence systems, machine learning systems, or affiliated entities.
13. Trade Secrets and Confidential Information
Customer acknowledges that the VPiX Platform, source code, object code, APIs, workflows, hosting architecture, database structures, user interfaces, automation systems, media processing systems, business methods, documentation, and related technologies constitute confidential trade secrets and proprietary intellectual property of Virtual Pictures Corp.
Customer shall not disclose, misuse, copy, reverse engineer, misappropriate, or assist others in misappropriating VPiX trade secrets or confidential information.
14. Photographer and Agency Independence
VPiX is a software provider and is not an employer, broker, agency, franchisor, real estate brokerage, photography agency, or business opportunity provider.
Use of the VPiX Platform does not create an employment, partnership, franchise, joint venture, fiduciary, broker, or agency relationship between Customer and VPiX.
VPiX does not guarantee leads, bookings, project awards, search engine rankings, referrals, customer acquisition, revenue, or business opportunities arising from platform use.
15. Publicity and Customer References
Unless otherwise agreed in writing, Customer grants VPiX the right to identify Customer as a user of the VPiX Platform and to display Customer's company name, logo, screenshots, publicly available tours, and publicly available project examples in marketing materials, presentations, trade show demonstrations, case studies, websites, and promotional materials.
Customer may opt out of this publicity permission by providing written notice to VPiX.
16. Enterprise and White Label Licensing
Enterprise deployments, government deployments, private servers, white-label servers, custom media servers, rebranded platforms, perpetual licenses, and custom-hosted systems require a separate written Enterprise or White Label Licensing Agreement.
No right is granted under this VULA to host, sublicense, rebrand, clone, distribute, operate, resell, transfer, or commercially exploit a white-label instance of VPiX unless specifically authorized by a signed written agreement.
Unless expressly stated in a signed licensing agreement, no source code license, private server ownership, unrestricted transfer right, perpetual license, or sublicense right is granted.
17. Subscription Services
VPiX access is provided through subscription plans, licensing agreements, or written service arrangements. Subscription fees may be billed monthly, annually, or according to a quote, proposal, invoice, scope of work, service level agreement, or licensing agreement.
Customer must maintain a valid payment method on file unless otherwise approved in writing. Non-payment does not constitute cancellation. Subscription charges continue until proper cancellation has been received and confirmed according to the applicable VPiX Sales Policy or written agreement.
18. Account Suspension and Termination
VPiX may suspend, restrict, archive, disable, or terminate Customer access if Customer violates this Agreement, fails to pay amounts owed, abuses platform resources, creates security risk, infringes intellectual property rights, uploads unlawful content, misuses APIs, or engages in conduct harmful to VPiX, the platform, or other customers.
Accounts delinquent for more than ninety (90) days may be suspended, archived, deleted, reclaimed, or made subject to reactivation and restoration fees. VPiX is not obligated to maintain indefinite backups of unpaid, abandoned, suspended, or terminated accounts.
Termination does not relieve Customer from payment obligations incurred before termination, nor does it limit VPiX's rights relating to intellectual property, trade secrets, collections, indemnification, limitation of liability, or enforcement.
19. Data Portability and Exports
During an active subscription term and while Customer is in good standing, Customer may request exports of Customer Content and account data in formats supported by VPiX, subject to technical feasibility, account status, storage policies, and applicable fees.
VPiX is not obligated to provide source code, proprietary databases, platform architecture, software components, trade secrets, unpublished APIs, internal system documentation, custom server configurations, or data not reasonably exportable through supported methods.
20. Service Availability Disclaimer
VPiX strives to maintain high availability but does not guarantee uninterrupted access to services. Maintenance windows, third-party outages, Internet failures, cloud infrastructure issues, DNS disruptions, cybersecurity incidents, force majeure events, and events beyond VPiX's reasonable control may affect service availability.
VPiX may perform maintenance, updates, security patches, migrations, or infrastructure changes as needed to maintain, secure, or improve the platform.
21. Search Engine and Third-Party Platform Disclaimer
VPiX does not guarantee search engine rankings, placement in Google search results, indexing by search engines, social media visibility, third-party embedding functionality, lead generation, traffic, conversions, or marketing performance resulting from use of the platform.
VPiX is not responsible for changes, outages, restrictions, API modifications, embedding rules, browser behavior, mobile operating system changes, or policies of third-party platforms including search engines, social media platforms, mapping providers, camera manufacturers, payment processors, hosting providers, or external websites.
22. Export Controls and Sanctions
Customer shall not use, export, re-export, sell, license, or transfer the VPiX Platform in violation of U.S. export control laws, trade sanctions, OFAC restrictions, or other applicable laws.
Transactions involving restricted countries, prohibited parties, sanctioned individuals, SDN-listed entities, or prohibited end uses are strictly forbidden. VPiX may refuse, suspend, or terminate services where compliance concerns exist.
23. Warranty Disclaimer
The VPiX Platform is provided "as is" and "as available." To the maximum extent permitted by law, VPiX disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free performance, and availability.
24. Limitation of Liability
To the maximum extent permitted by law, VPiX shall not be liable for lost profits, lost sales, lost revenue, lost data, lost content, loss of search engine ranking, business interruption, incidental damages, special damages, indirect damages, punitive damages, or consequential damages.
VPiX's total cumulative liability shall not exceed the amount paid by Customer to VPiX during the twelve (12) months preceding the event giving rise to the claim.
25. Indemnification
Customer agrees to defend, indemnify, and hold harmless VPiX, Virtual Pictures Corp., and their officers, directors, employees, contractors, affiliates, licensees, photographers, and agents from any claims, damages, liabilities, costs, and expenses, including reasonable attorney fees, arising from Customer Content, Customer's use of the VPiX Platform, Customer's violation of this Agreement, intellectual property claims, privacy claims, client disputes, third-party platform claims, misuse of APIs, or violation of law.
26. Attorney Fees and Collection Costs
In the event collection efforts or enforcement actions become necessary, Customer shall reimburse VPiX for all collection costs and enforcement expenses, including attorney fees, court costs, collection agency fees, expert witness fees, and related expenses, whether or not litigation is filed.
27. Governing Law
This Agreement shall be governed by the laws of the State of Colorado. Exclusive venue for all disputes shall be El Paso County, Colorado.
28. Changes to Agreement
VPiX may update, amend, or modify this Agreement from time to time. Updated terms become effective when posted or otherwise provided to Customer. Customer is responsible for reviewing the Agreement periodically.
Continued use of the VPiX Platform after updated terms are posted constitutes acceptance of the updated Agreement.