General Terms and Conditions of Use of the Website

as of 22.07.2024

1. Introduction

What is the legal function of the General Terms and Conditions of Use (Agreement between the User and the owner of the Website)?

These General Terms and Conditions of Use (the Terms and Conditions) constitute a legally binding agreement between you (the User) and 360ForYou (the Website Owner). By accessing or using the services and products on our Website, you agree to the terms set out in these Terms and Conditions. These Terms and Conditions apply to your use of the services provided by 360ForYou, including payment terms, rights to use the Service, disclaimers and other important provisions. Please read the Terms and Conditions carefully before using our services. If you do not agree to the terms, you may not use the Website services.

Who is the Owner of the Website?

The Owner of the Website 360-for-you.com is:
360ForYou
Schumannstr. 8
40237 Düsseldorf, Germany

E-mail: info@360-for-you.com
Call center: +49302239952360 (German and English)
More information about the Website Owner: https://360-for-you.com/about-us

Please use this contact information to get in touch with us regarding questions about our services. We will try to answer your questions as soon as possible.

2. Services and features

What services does the Website provide?

Our Platform provides a powerful tool for creating virtual tours and point clouds from .lgs and .e57 panoramas or Cyclone REGISTER 360 projects. These projects can be created with Leica scanners such as RTC360, BLK360 and BLK2GO, or with scanners from other manufacturers. Tours and point clouds created on our Website can be viewed online or downloaded to your computer as an offline version.

It is especially important to note the ability to use an automatic system to mask people and vehicles when processing panoramas for tours. This feature helps make your panoramas more illustrative and prevents distraction by unimportant details during viewing.

Please note that the services provided are subject to these Terms and Conditions.

What features are included in the paid Service packages?

Our service offers a wide range of paid features that enhance the user experience when working with panoramas and point clouds on the website:

  1. Creating virtual tours and point clouds: With our service you can create high-quality virtual tours and point clouds from .lgs, .e57, or Cyclone REGISTER 360 projects, allowing you and your colleagues to navigate interactively through the scenes.

  2. Online viewing and offline download: Created virtual tours and point clouds can be viewed online on our website. Additionally, users can download the tours and point clouds to their computer as offline versions for viewing without an internet connection.

  3. Automatic masking of people and vehicles: During processing of tour panoramas, an automatic people-and-vehicle masking system can be applied. This helps to keep the focus on key elements of the panoramas.

  4. User-friendly interface: Our service offers an intuitive interface that makes it easy to create, customize, and manage your projects.

  5. Compatible with various scanner brands: Our service supports panoramas created with different scanner brands, including Leica models such as RTC360, BLK360 and BLK2GO, as well as other common scanner models.

  6. Technical Support: All paid users of our Service have access to our technical support, which will help resolve any questions or problems related to the Service.

Please note that all paid features of the Service are provided in accordance with these Terms and Conditions. We are pleased to assist our customers in creating and sharing impressive virtual tours and point clouds.

3. Payment terms

How is payment for the paid Service made?

Payment for our paid services can be made simply, securely and conveniently using the popular Stripe payment system, as well as by direct wire transfers via IBAN. Main features of the Stripe system:

  1. Security and privacy: Stripe is a well-known payment platform that adheres to high standards of security and data protection. User payment information is transmitted and stored only in encrypted form.

  2. Multiple payment methods: Stripe supports various payment methods, including Visa, Mastercard, and American Express credit and debit cards, and more.

  3. Easy integration: Stripe is integrated into our Website, so you can start using the Service as soon as you make a payment.

  4. Automatic payments: For subscription services, Stripe supports automatic debiting according to the selected subscription terms.

  5. Real-time transaction monitoring: Receive confirmation of each transaction at the time of payment, ensuring transparency of your payments.

Direct payment by bank transfer (IBAN) is also available. If you prefer this option, please contact us by email.

We offer these two payment options to give our users maximum flexibility and security when paying for our services. We look forward to providing the services you requested.

Which payment methods are available?

We offer a wide range of payment options to make it as convenient as possible for users to pay for paid services. Payments can be made using the following methods: Visa, Mastercard, American Express, Discover, Diners Club, China UnionPay, Apple Pay, Google Pay, Link, PayPal, BLIK, Bancontact, EPS, giropay, iDEAL, Sofort, Klarna, SEPA Direct Debit.

We understand that users have different preferences when choosing payment methods. That is why we offer several options so you can choose the one that suits you best.

Is there automatic subscription renewal? How are users notified about it?

Yes, we offer an auto-renewal subscription model for our Service. We use a secure subscription system from Stripe that works as follows:

When you subscribe, your payment information is securely stored in your Stripe account. At the end of each billing period, your subscription is automatically renewed and charged using the payment method you specified when subscribing.

To ensure you always have up-to-date information about your subscription, Stripe will send you an email notification before each automatic debit. This notification will inform you about the upcoming renewal process, the charge amount, the date and other relevant details. It gives you the opportunity to make changes to your subscription if necessary.

We understand how important transparency and control are for our users. That is why we want our users to always be informed about their subscription status and be able to adjust it to their needs. The secure Stripe subscription system simplifies this process and lets you use our services smoothly and comfortably.

4. Prices and fees

How are prices for the paid Service set?

Prices for our paid Service are designed to give users maximum flexibility and choice. We offer four plans to choose from so you can find the one that suits you best. The plans are structured to match the individual needs and budgets of our Service users. Monthly and yearly payment options are available to best accommodate users' preferences.

Plans are determined by several factors, including functionality, frequency of use, service volume and the benefits included with each plan. We take care to keep prices fair, reasonable and aligned with users' expectations.

On our website you will find detailed information about each plan, including available features, monthly and yearly prices, and the potential savings of choosing an annual subscription. We want you to be able to make the best decision to suit your needs.

We offer a transparent, easy-to-understand pricing structure so our customers know exactly what to expect from our services and how much they will cost. User comfort when using our Service is a top priority, so we want to ensure you can choose the best option to meet your needs.

Are there different pricing models or subscription options?

Yes — we offer multiple pricing models and subscription plans so users can choose the best option for their needs.

Our pricing models include:

  1. Plan Pro: The Pro plan provides an expanded set of features to extend user capabilities. It is suitable for users who need more functionality and flexibility.

  2. Expert Plan: The Expert plan is intended for professional and advanced users with special and demanding requirements. Thanks to exclusive features and customized solutions, this plan provides optimal conditions for experts who want to get the most out of our Service.

  3. Enterprise plan: The Enterprise plan includes all advanced features and benefits our Service offers. It is ideal for demanding users who want to use the full potential of our platform.

We also offer monthly and yearly payment options for our services. Purchasing an annual subscription grants a discount on our service.

Detailed information about options and prices for each plan and subscription type is available on the pricing page. We want you to be able to choose the most suitable subscription and use the services that meet your needs.

Are any additional taxes or fees charged?

We guarantee that no additional taxes or fees will be charged beyond the listed price. Our prices are VAT-free and cover all costs of the subscription option or service selected. We present our prices transparently and clearly so that you know exactly how much you will pay.

If you have any questions about costs or pricing, please contact us. It is important to us that you feel comfortable using our Service and do not worry about additional taxes or hidden fees.

5. Terms of Use

Who can use the Service?

Our Service is available to all interested parties who wish to use the offered features and services. We invite both private individuals and organizations to use our Service and benefit from the available features.

Our service is intended for a wide range of users, including:

  1. Private individuals: If you are privately interested in virtual tours, panoramas and point clouds and would like to use the features of our platform, our Service is available to you.

  2. Legal entities: Legal entities can use our Service to create professional virtual tours and striking presentations of their products, services, or real estate.

  3. Creative professionals: Photographers, architects, real estate agents and other creative specialists can use the advanced features of our platform to showcase and share their work.

Please note that use of our Service is governed by the terms set out in these Terms and Conditions. We welcome users from all fields and strive to provide everyone with a comfortable and productive experience using our Service.

Are there any age restrictions or other conditions for accessing the Service?

Our platform is available to users of all ages. There are no age restrictions on using our Service. We welcome users of all age groups who wish to use our Service.

However, please note that use of our services is governed by these Terms and Conditions. All users are expected to comply with applicable laws and regulations and to use our platform responsibly and respectfully.

We strive to create a safe and pleasant environment for all our users. If you have any questions about the terms of access or use of our services, please send them to us.

Are any types of activity prohibited on the Website?

Yes. To ensure safety, reliability, and a positive user experience, certain activities are prohibited on our website. In particular, the Personal Data Protection Law must be respected: violations are not permitted.

  1. Breach of laws and regulations: The use of our services for illegal or unauthorized activities is strictly prohibited.

  2. Copyright infringement: Uploading or sharing content that violates the copyright or intellectual property rights of the website owner or other users is not permitted.

  3. Harassment and discrimination: Any form of harassment, discrimination, hate speech, or bullying toward other users or groups of people is prohibited.

  4. Distribution of malware: It is prohibited to upload or distribute viruses or any form of malware.

  5. Breach of privacy: Publishing personal information of other users or third parties without their consent is not permitted. We take special care to protect personal data in accordance with applicable data protection regulations.

  6. Misleading information: Dissemination of false or misleading information is not permitted.

  7. Spam and unsolicited advertising: Sending spam or unsolicited advertising on our website is prohibited.

  8. Destructive behavior: Any behavior that interferes with other users' use of our website is not permitted.

We emphasize that protecting personal data is a priority for us. We process personal information in accordance with the Privacy Policy and other applicable data protection regulations. Breaches of these regulations may result in blocking access to the Service or other law enforcement measures. We recommend that all users carefully read the terms of use and the guidance on our Website to ensure that third parties' privacy is respected and handled responsibly.

6. Subscription cancellation and refund

Under what conditions can a user cancel their subscription?

A user can cancel the renewal of their subscription at any time under the following conditions:

  1. Flexible cancellation option: We understand that our users' needs may change. Therefore we offer the option to cancel subscription renewals at any time.

  2. Subscription termination: The subscription must be canceled before the start of the next billing period. Please note that canceling the subscription after the start of a new billing period will terminate the subscription at the end of that billing period.

  3. Subscription cancellation: Cancelling your subscription is simple and user-friendly. You can cancel your subscription in your account on our website or contact us for assistance if you experience any issues.

  4. No obligation: We respect your decision and will not force you to continue using our Service after unsubscribing. You have full control over your user status.

Please note that if you cancel your subscription, access to the features and services associated with that subscription will be terminated at the end of the paid billing period. We strive to make subscription cancellation simple and transparent for our users so that they can retain full control over the use of our services.

Is a refund provided in case of subscription cancellation or difficulties with the Service?

Yes — we understand how important it is for our users to have a positive, high-quality experience with our Service. Therefore, we would like to explain our refund policy in more detail so that you are properly informed in case you cancel your subscription or encounter any difficulties with the Service.

  1. Refunds on subscription cancellation: Please note that under our refund policy, when a subscription is canceled, payments for unused days of the paid period will not be refunded. This means the amount already paid for the current billing period will not be returned.

  2. Difficulties with the Service: If any problems arise that affect proper use of our Service, we will help resolve them. If the Service does not work as expected due to technical issues or for any other reason, please contact our support team. We will do our best to resolve the problem quickly and efficiently and ensure that you can use the Service with maximum effectiveness.

We strongly recommend that you carefully read the Refund Policy in these Terms and Conditions to understand the conditions and steps to follow in case of subscription cancellation or any issues with the Service. Our primary objective is to ensure customer satisfaction with the Service, so we strive to offer a fair and transparent solution in such situations.

How is an unsubscribe performed?

Subscription cancellation is done through your Stripe account dashboard. A link to sign in to Stripe is available on your profile page on our website. After signing in on our website, open your profile and follow the link to go directly to your Stripe account. From there you can take the necessary steps to cancel your subscription. If you have any questions or need assistance, we will be happy to support you through the cancellation process.

7. Intellectual Property

Who owns the rights to the materials posted on our website?

The rights to the materials on our Website are protected by copyright and other intellectual property rights. The following are the main provisions on property rights:

  1. Own content: The content we create on the Website, such as text, graphics, photos and software, is our intellectual property and is protected by copyright law. We retain all rights to this content.

  2. Website user content: Users may create and share content on our website. Generally, users retain the rights to the content they create. By doing so, they grant us permission to use, display, and distribute that content as part of the services provided by our service.

  3. Third-party content: Our website may contain third-party content protected by copyright and other rights. Such content is generally used in accordance with the terms and license agreements of the third parties.

Please note that use of content published on our website must comply with these Terms and Conditions and applicable laws and regulations. Any unauthorized use or copying of materials posted on the website may have legal consequences. We respect intellectual property rights and strongly recommend that our users follow the same principles.

Can users download or otherwise use materials from the Website?

Yes-users can download the virtual tours and point clouds they create and use them as they wish. We allow users to save and export their content so they can store or share projects in other ways. This functionality lets users reuse their projects and showcase their creativity in various ways.

Please note that use of content created by other users or published on our website must comply with these Terms and Conditions and applicable laws and regulations. Unauthorized use or copying of third-party content without obtaining the appropriate rights or permissions is prohibited.

Our mission is to provide our customers with the best possible user experience while respecting the rights and protecting the intellectual property of all stakeholders.

8. Disclaimers and guarantees

What responsibility does the website owner assume for use of the service?

The Website owner assumes certain responsibilities regarding the use of the Service. The following are the main liability provisions of these Terms and Conditions:

  1. Content disclaimer: The Website owner is not responsible for material created or posted by users on the website. We take steps to remove illegal or inappropriate content, but we do not have the direct right to control all user-generated content.

  2. Downtime disclaimer: The Website Owner strives to ensure maximum availability and performance of the Service. However, occasional outages or technical issues may occur. In such cases, we will use our best efforts to resolve the issues but cannot guarantee 100% uninterrupted operation.

  3. Limitation of liability: In most cases, the Terms and Conditions limit the Website Owner's liability to certain amounts or types of damages. This allows limiting the Website Owner's risks to a reasonable extent.

  4. Personal data protection: The Website Owner sets out in the Privacy Policy how personal data will be processed and ensures compliance with applicable data protection laws.

Please note that specific terms and limitations of liability are set out in the Terms and Conditions. The scope of liability may vary depending on legal requirements and particular circumstances. Users should read the Terms and Conditions carefully to understand what liability the Website Owner accepts and under what conditions.

Is there a guarantee for the functionality or quality of the provided services?

No guarantee is provided for the functionality or quality of the services. While we strive to provide a high-quality and reliable service, we cannot give an absolute guarantee of the Service's functionality or quality. The quality and functionality of the Service may be affected by various factors, including technical issues, network failures, or other circumstances beyond our control.

We will make every reasonable effort to fix any problems that may arise and to keep the Service as stable as possible. However, users should understand that use of the Service is at their own risk and that there are no express or implied guarantees of quality or functionality.

To obtain a complete understanding of the terms, conditions and limitations of liability that apply to use of our Service, please read these Terms and Conditions carefully.

9. Personal data protection and Privacy Policy

How are user data collected, stored and used?

We collect, store, and use our users' data in strict compliance with applicable data protection laws and in accordance with our Privacy Policy. The following are general points about data handling:

  1. Data collection: We collect user data in various ways, including information submitted during registration and data generated while using our Service. This may include personal data such as name and email address, and technical information such as IP addresses and device details.

  2. Data storage: All data we receive from users is securely stored on servers in Falkenstein, Germany. We attach great importance to the safety and protection of our users' data and implement appropriate security measures to safeguard it.

  3. Use of data: The data we collect is used to provide and improve our services. This may include content personalization, responding to requests, and ensuring the proper functioning of the Service.

  4. Data protection: We take care to protect your privacy and comply with applicable data protection regulations. For more information about how we collect, store, and use data, please read our Privacy Policy.

Storing data on servers in Falkenstein, Germany allows us to comply with European data protection regulations and ensures a high standard of personal data protection.

We recommend that users read the Privacy Policy carefully to get complete information about how we process data and what rights users have regarding their data.

Is there a separate document on personal data protection?

Yes, we have a separate document focused on the protection of personal data called Privacy Policy. Our Privacy Policy describes in detail how we collect, use, store, and protect data. We take great care to protect our users' personal data and strive to comply with all applicable data protection laws and regulations.

In our Privacy Policy you will find information on the following topics:

  • What types of data do we collect
  • How we use the data we collect and for what purposes
  • How we protect personal data
  • How can a user access their data
  • User rights regarding their data
  • How can you contact us to resolve any questions or concerns related to data protection

We recommend that you read our Privacy Policy carefully to get a clear overview of how we handle data and how we protect our users' personal data. If you have further questions about data protection, please contact us.

Are cookies or other tracking methods used?

Our website uses its own cookies that are necessary for login and configuration. These cookies are required to ensure smooth use of our services. We do not use tracking technologies or third-party cookies. Your privacy is important to us, so we do not collect data about your activities on other websites and do not track your online activity outside our platform. Your data will be used only for the purposes described in our Privacy Policy. If you have further questions about our use of cookies or data protection, please contact us.

Cookies: Cookies are small text files that are stored on your device to collect data about your use of the Website. We use cookies to store information about your authorization on the Website, to optimize the functionality of the Website and to monitor your settings.

10. Changes to these Terms and Conditions of Use

How are users notified of changes to these Terms and Conditions of Use?

Information about changes to these Terms and Conditions is provided in the following ways:

  1. Notification on the Website: All material changes to these Terms and Conditions will be published on our Website and the date of the last update will be refreshed accordingly. We recommend our users to regularly monitor changes to these Terms and Conditions to keep up to date with the latest changes.

  2. Email notification: In certain cases, important changes to these Terms and Conditions may be sent to our registered users by email to ensure they are informed. To receive such notifications, please make sure your email details are up to date.

Notification of changes to these Terms and Conditions is carried out in accordance with legal requirements and ensures that our users are informed of any important updates. We strongly recommend that you read and understand these Terms and Conditions, especially if they have been changed. If you have any questions about the changes, please contact us.

On what grounds may changes be made to the Terms and Conditions?

The terms and conditions may be changed on the following grounds:

  1. Legal requirements: The Terms and Conditions may be amended to comply with legal requirements and regulations. If laws or regulations change and this affects our services or their use by our users, it may be necessary to update the Terms and Conditions.

  2. Improvements or additions to services provided by the Service: The Terms and Conditions may be updated to reflect improvements or additions to our services. If we introduce new features, services, or options, changes to the Terms and Conditions may be required to cover those changes.

  3. Changes to regulatory requirements: Changes to the Privacy Policy or other relevant regulations may require updates to the Terms and Conditions to ensure compliance with all requirements.

  4. Improving clarity and readability: We may modify the Terms to make them clearer and easier to understand for our users, without changing the core conditions of Service use.

Please note that changes to the Terms and Conditions will be made in accordance with applicable law and using a transparent, objective approach. We ensure users are notified of changes to the Terms and Conditions as set out in our notification policy and are given the opportunity to ask questions or comment. In some cases, users may be required to accept updated Terms and Conditions, which reflect relevant legal requirements and the specific provisions contained in the Terms and Conditions.

11. Procedures for consideration and settlement of disputes

Which law applies to the interpretation of the Terms and Conditions?

German law applies to the interpretation and enforcement of these Terms and Conditions. Any legal interpretation or disputes relating to these Terms and Conditions are subject to the exclusive jurisdiction of the courts of Düsseldorf, Germany.

Are there any alternative dispute resolution options (for example, amicable settlement of disputes)?

We strive to resolve disputes and disagreements in the fairest and most efficient way possible. If users or customers are dissatisfied with our services or these Terms and Conditions, we offer alternative dispute resolution options, including amicable settlement. If you have a disputable issue, we recommend first contacting our support team and we will try to find an optimal solution. If agreement cannot be reached this way, arbitration may be offered to resolve the dispute out of court.

12. Other provisions

Is there any other important information users should know?

Yes, there is other important information that users should review:

  1. Contact information: We provide contact information so users can reach us with any questions or issues. Typically this includes our email address and/or the support team's phone number.

  2. Changes: Users will be notified of changes to the Terms and Conditions, Privacy Policy, or other relevant policies as described in these Terms and Conditions.

  3. Security: We take the security of our users' information seriously and take necessary measures to keep it safe. However, please keep in mind that data security on the Internet can never be guaranteed 100%.

  4. Accounts and passwords: Users are responsible for securely storing their account information, including passwords. Sharing passwords or abusing accounts may result in the user's account being blocked.

  5. Intellectual property rights: Please respect intellectual property rights and copyrights as specified in these Terms and Conditions.

  6. Protection of personal data: Information about the collection, storage and use of personal data can be found in our Privacy Policy.

  7. Restrictions on use of the website: Certain activities may be prohibited on our website as set out in these Terms and Conditions.

We recommend that users read this information carefully to get a complete overview of our services and their terms of use. If you have any further questions, please contact us.