1. Definitions:

“Viewer”- refers to the interactive virtual walkthrough created using scan data collected by Prologue. Currently, this includes NavVis Ivion™, but may be extended to other Platforms.

“Scan Data” - refers to any point cloud, panoramic image, or other digital file generated as a result of Prologue’s scanning or documenting a building or site.

“Client” - refers to the entity or individual who has entered into an agreement with Prologue for scanning services and is financially responsible for the associated project. While Client may assign payment obligations to others, Client is ultimately responsible for all invoices.

“Hosting” - refers to the storage and availability of scan data on an online platform, allowing it to be accessed via the internet.

“Hosting Term” - refers to the duration for which scan data is made accessible on an online platform, as agreed upon between Prologue and the Client.

“Fees” - refers to the monetary charges owed to Prologue for the provisioning, maintenance, and administration of hosted scan data.

“Platform” - refers to the digital service or infrastructure utilized by Prologue to host scan data, without reference to any specific provider.

“Portal” – refers to any asset collection that is made available to the Client through the Prologue website, as may or may not be available.  As a complimentary convenience to Clients, the Portal is made available as a convenience to Clients, and Prologue is not obligated to ensure that it remains complete of all assets, in whole or in part.

2.  Complimentary Hosting Term
An initial hosting term is included in the original project fee. This term begins upon the delivery of the viewer link and access credentials. By default, the complimentary hosting term is one quarter (three months).

3. Hosting Extensions
At any time prior to the expiration of the initial hosting term, the Client may elect to extend hosting. The applicable cost for each extension will be communicated to the Client upon delivery of the viewer and again at the end of the initial term.

4. Extension Options
The Client may select a fixed-term extension in quarterly increments (e.g., 3, 6, or 9 months), with full payment invoiced at the start of the extension period.

• Clients who commit to a three-quarter (9-month) hosting term and pay in full in advance will receive an additional quarter (3 months) of hosting at no extra charge.

• Clients who commit to a one-year (12-month) hosting term and pay in full in advance will pay for only three-quarters (9 months) and receive a full year (12 months) worth of hosting.

• The maximum allowable extension is two years from the date of renewal, subject to the technical limitations of Prologue’s hosting services.

5. Payment Terms
Payment for any hosting extension will be invoiced (Net30) when requested. Failure to submit timely payment may result in the temporary or permanent suspension of hosting services until full payment is received.  Extensions will not be granted for accounts that are not paid in full.

6. Hosting Fees

Hosting fees are based on the volume of data hosted, the hosting platform, and the duration of the Hosting Term.

• The minimum NavVis Ivion™ hosting fee is $300 per quarter.

• Prologue reserves the right to revise its rates and fees at any time. However, existing subscriptions and agreements that have been paid in full will remain unaffected.

• Modifications to existing sites may be subject to additional charges.

7. Termination and Reinstatement

If the Client elects to discontinue hosting, Prologue will deactivate access to the viewer and archive the associated data. Should the Client later wish to reinstate hosting, Prologue will reactivate the viewer using the archived data. A non-refundable administrative reinstatement fee of $200 will apply, in addition to any applicable hosting fees.

8. Service Availability
Prologue is not liable for any periods during which the viewer is inaccessible due to issues with the hosting provider. However, Prologue will make reasonable efforts to coordinate with the provider to minimize downtime and restore service promptly.  In no event shall Prologue’s liability be greater than the pro rata unfulfilled hosting term.

9. Contingency Hosting Measures
In the event that the current hosting service becomes unavailable, Prologue will make reasonable efforts to identify and implement alternative hosting solutions for active viewers. However, Prologue is not obligated to do so.

10. Privacy and Third-Party Access
Prologue will not share scan data or provide access to any third party without the Client’s prior consent.

11. Data Security and Access Control
Each viewer is protected by unique credentials provided by Prologue to the Client. These credentials may be shared by the Client with authorized individuals as needed.

• Prologue accepts no responsibility for unauthorized access resulting from credential sharing.

• Data security is governed by the policies and standards of the applicable hosting service provider.  When these terms are at odds of those of the hosting service provider, those that are more protective of Prologue shall apply. Prologue is not responsible for any data breach that is not the sole responsibility of Prologue, and then only if due to severe negligence or malfeasance. 

12. Delinquent Payments
Invoices that remain unpaid for more than 60 days will be considered a breach of these Terms and Conditions. Prologue may restrict access to hosted data as a result, and will consider all outstanding invoices when making such determinations.

13. Refund Policy
No refunds will be issued for projects that are terminated before the conclusion of their agreed hosting term.

14. Discretionary Reimbursements
Prologue may, at its sole discretion, issue reimbursements to Clients under specific circumstances, determined on a case-by-case basis.

15. Content Removal Policy
Prologue reserves the right to remove any content that is unlawful or violates the privacy rights of individuals. Prologue assumes no liability for any hosted content deemed unlawful or in breach of privacy regulations.

Acceptance of Terms
Any individual who accesses scan data hosted by Prologue is deemed to have accepted and agreed to be bound by these Terms and Conditions.