Terms of Service

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein (the Agreement). If you create an account to use the Voyager Art application, you must also agree to the Voyager End User Licence Agreement. You agree that we may automatically upgrade the Services, and these terms will apply to any upgrades. Your agreement is with PinPoint Visualisation Limited, a company incorporated and registered in England and Wales with company number 04199761 whose registered office is at Index House, St. George’s Lane, Ascot, Berkshire, England, SL5 7ET (“Voyager”).

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of the Services.

1. General terms

a) You must be 16 years or older to use the Services.

b) Use of the Voyager Art application and 3D scene hosting services requires a Voyager Art account and a current licence. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

c) You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

d) Each user licence is for one named person. You may not share your account credentials, and you may not allow anyone other than the named user to use your account. Where an organisation holds an Enterprise licence, or more than one user licence, it may add, remove and reassign its own named users at any time, up to the maximum number of users set on its company account. To change that maximum, contact us.

e) The Services allow you to upload the images and details of your art collection, place the works in a 3D space, arrange and light them, add walls, plinths, furniture and signage, measure the space, generate floor-plan and elevation reports, and publish a shareable virtual tour. You can also upload an image of a real space, display your works within it and generate an image of the result. You agree not to use the Services for hosting of any other files. The following activity and Content is prohibited:

• Illegal content and conduct.
• Intellectual property infringement.
• Pornography.
• Technologically harmful content.
• Impersonation.
• Content that collects or shares personal information about visitors in ways that violate data protection law.
• Hotlinking - other sites should not use individual files that are part of 3D scenes hosted by us.
• Spam or machine generated content.

f) You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or in any manner that could interfere with any other party's use of the Services.

g) You may not use the Services for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

2. Copyright and content ownership

a) We claim no intellectual property rights over the Content you provide to the Service, it remains yours.

b) You are entirely responsible for the Content uploaded to your account, and any harm resulting from that Content or your conduct. By using the Services, you represent and warrant that your Content and conduct do not violate these terms. You are responsible for holding the rights, or the permission of the rights holder, to every work you upload and display.

c) Voyager does not publicly share your uploaded Content without your explicit consent. Publishing a virtual tour is such a consent, for the works and scenes that tour contains. One use of Content is not public sharing but does leave our systems, and we set it out here rather than leave it implied: when you generate a 3D model with the AI-powered Captures feature, the photographs you uploaded for that model are sent to the artificial-intelligence providers who produce it, which are Kiri, 3D AI Studio and Stability AI. Voyager holds the accounts with them and instructs them; you have no relationship with any of the three. Nothing else you upload is sent to them, and our privacy policy names them again.

d) If you delete the Content, Voyager will use reasonable efforts to make it inaccessible through the Voyager Art application, but you acknowledge that cached Content or references to the Content may not be made immediately unavailable.

e) Without limiting any of those representations or warranties, Voyager has the right (though not the obligation) to, in Voyager's sole discretion, refuse or remove any Content that, in Voyager's reasonable opinion, violates any Voyager policy or is in any way harmful or objectionable.

f) You shall defend Voyager against any claim, demand, suit or proceeding made or brought against Voyager by a third-party alleging that your Content, or your use of the Services in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Voyager for any damages finally awarded against, and for reasonable attorney's fees incurred by, Voyager in connection with any such claim, demand, suit or proceeding; provided, that Voyager (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Voyager of all liability); and (c) provides to you all reasonable assistance, at your expense.

3. Licences, hosting and tokens

a) Voyager is licensed in two forms. A user licence covers one named person. An organisation may hold several user licences, one per person, on a single company account. An Enterprise licence covers the named users within one organisation on a single licence. Every company account carries a maximum number of users, which we set: on user licences it is the number of licences you hold, and on an Enterprise licence it is the number agreed with you. Your own administrators add, remove and reassign people up to that maximum, and it can be changed at any time by agreement between us. Both licences give access to the whole application; they differ in how many people may use it. The licence itself is granted under the Voyager End User Licence Agreement.

b) There is no free or trial version of the Voyager Art application. Access requires a current paid licence.

c) A current licence allows you to use the hosting services operated by Voyager for as long as that licence is in force. Hosting is included in the licence fee and is not charged separately.

d) Generating a 3D model with the AI-powered Captures feature consumes tokens, one token per model. Tokens are used for nothing else. They are held by your company rather than by individual users: everyone in the company draws on the same balance, and a company is issued 100 tokens when it is created. An account that does not belong to a company has no token balance, and cannot generate models. The remaining balance is shown in the application. Additional tokens are arranged by contacting us and are invoiced in the same way as your licence, at £5 per token at the date of these terms. There is no checkout in the application and no card is taken.

e) When a licence ends, the art projects and Staged Room scenes hosted for you under it are not deleted. We keep them, so that they are still there if you licence Voyager again, and you can ask us at any time to delete them or to give you a copy. Our privacy policy sets out how long we hold things and how to ask. This does not affect our right under clause 2e to remove Content that is harmful, objectionable or unlawful.

4. Payments for the application licence and hosting

a) By subscribing to a Voyager licence, you agree to pay the subscription fee indicated for that licence. The fee for a user licence is published on our Pricing page. The fee for an Enterprise licence depends on the size and locations of your organisation and is quoted on application. Payments are charged on a pre-pay basis on the day you sign up and cover the subscription period indicated.

b) You can pay monthly or annually. A monthly subscription can be converted to an annual subscription at any time, and the change takes effect from your next billing date.

c) If you add user licences during a subscription period, the additional fee is charged immediately and covers the remainder of that period.

d) Unless you cancel it, your subscription renews automatically at the end of each subscription period, and Voyager invoices you for the then-applicable subscription fee and any taxes. Voyager operates no automated payment mechanism: no card is taken, none is held on record, and nothing is ever collected from you without an invoice you can see first.

e) You can cancel at any time by giving us one month's notice. Your licence and your access continue until the end of that notice period. Where you have paid in advance for a period that extends beyond the end of the notice period, we refund the unused part of that payment. Tokens that have already been used are not refundable.

f) You give notice by contacting us, using the contact details published on our website. There is no cancellation screen in the application: cancellation, like every payment, is arranged with us directly.

5. Responsibility of visitors

a) Voyager has not reviewed, and cannot review, all of the material posted to the Services or shared as audio-video or screen share streams, and cannot therefore be responsible for that material's content, use or effects. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Voyager disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.

b) Voyager reserves the right to temporarily or permanently deny access to visitors that access the Services in any manner that could damage, disable, overburden, or impair the Services.

6. Intellectual property

This Agreement does not transfer from Voyager to you any Voyager or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Voyager.

7. Changes

We are constantly updating the Services, and that means sometimes we have to change the legal terms under which the Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect or by posting a notice on our site. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using the Services within the designated notice period. Your continued use of the Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

8. Cancellation and termination

a) You are solely responsible for properly cancelling your account. You can cancel your account at any time by clicking on the 'Settings' tab in the global navigation bar of app.voyager.art. Cancelling a subscription is covered by clause 4e.

b) If you violate this Agreement or the Voyager End User Licence Agreement, Voyager may terminate your access to all or any part of the Services at any time, effective immediately.

c) All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Limitation of liability

In no event will Voyager, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the greater of: (a) any fees paid by you to Voyager under this agreement during the twelve (12) month period prior to the cause of action (b) one hundred pounds (£100 GBP). Voyager shall have no liability for any failure or delay due to matters beyond their reasonable control. Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited or excluded by law.

10. Warranty

Your use of the Services is at your sole risk. The Services are provided without any warranty and on an “as is” and "as available" basis. To the maximum extent permitted by law Voyager hereby disclaims any warranty, express or implied, including, without limitation, the warranty of merchantability, fitness for a particular purpose and non-infringement. Voyager does not warrant that the Services will be error free, secure or that access thereto will be continuous or uninterrupted.

11. Legal fees

If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable legal fees, costs and expenses in addition to any other relief to which it may be entitled.

12. Severability

The invalidity or unenforceability of any provision or provisions of this Agreement shall not affect the validity or enforceability of any other provision hereof, which shall remain in full force and effect.

13. Applicable Law

This Agreement will be governed by the laws of England and Wales.