General Terms and Conditions Governing Use of the Website
Effective as of 27.06.2026
1. Introduction
What is the legal effect of the General Terms and Conditions of Use (the agreement between the User and the Website Owner)?
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 available on our Website, you agree to be bound by these Terms and Conditions. These Terms and Conditions govern 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 these terms, you may not use the services offered through the Website.
Who is the Website Owner?
The owner of the Website at 360-for-you.com is:
360ForYou
Schumannstr. 8
40237 Düsseldorf, Germany
Sole proprietorship
Owner: Dmitry Rudenko
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 if you have any questions about our services. We will respond 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. Virtual tours and point clouds created on our Website can be viewed online or downloaded to your computer for offline use.
One particularly important feature is the ability to automatically mask people and vehicles when processing panoramas for tours. This feature helps keep panoramas focused on relevant details and reduces distractions 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 improve the experience of working with panoramas and point clouds on the Website:
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 explore the scenes interactively.
Online viewing and offline download: Virtual tours and point clouds created on our Website can be viewed online. Users can also download the tours and point clouds to their computers for offline viewing.
Automatic masking of people and vehicles: When tour panoramas are processed, an automatic people-and-vehicle masking system can be applied. This helps keep the focus on key elements of the panoramas.
User-friendly interface: Our service offers an intuitive interface that makes it easy to create, customize, and manage your projects.
Compatible with various scanner brands: Our service supports panoramas captured with scanners from various manufacturers, including Leica models such as RTC360, BLK360 and BLK2GO, as well as other common scanner models.
Technical support: All paid users of our Service have access to technical support for help with 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 can I pay for the paid Service?
Payments for our paid services can be made easily, securely and conveniently through the widely used Stripe payment system or by direct bank transfer via IBAN. The main features of the Stripe system are:
Security and privacy: Stripe is a well-known payment platform that adheres to high standards of security and data protection. Users' payment information is transmitted and stored only in encrypted form.
Multiple payment methods: Stripe supports various payment methods, including credit and debit cards from Visa, Mastercard, American Express, and others.
Easy integration: Stripe is integrated into our Website, so you can start using the Service as soon as you make a payment.
Automatic payments: For subscription services, Stripe automatically charges the selected payment method in accordance with the subscription terms.
Real-time transaction monitoring: You receive confirmation of each transaction when payment is made, providing a transparent record 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 request.
Which payment methods are available?
We offer a wide range of payment options to make paying for our services as convenient as possible. 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, and 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.
Are subscriptions renewed automatically? How are users notified?
Yes, subscriptions to our Service renew automatically. We use Stripe's secure subscription system, which 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 the payment method you specified when subscribing is charged.
To keep you informed about your subscription, Stripe will send you an email notification before each automatic charge. This notification will include information about the upcoming renewal, the charge amount, the date, and other relevant details. This gives you an opportunity to make changes to your subscription if necessary.
Subscriptions renew automatically each month. You may cancel at any time without notice. After cancellation, access to paid features continues until the current billing period ends.
We understand how important transparency and control are to our users. We therefore want you to remain informed about your subscription status and be able to manage your subscription according to your needs. Stripe's secure subscription system simplifies this process and allows you to use our services easily and without interruption.
4. Prices and fees
How are prices for the paid Service determined?
Pricing for our paid Service is structured to offer maximum flexibility and choice. We provide several plans so you can find the one that suits you best. The plans are tailored to meet the different needs and budgets of our users.
Prices are determined by several factors, including functionality, frequency of use, service volume, and the benefits included with each plan. We strive to keep prices fair, reasonable, and aligned with users' expectations.
On our website, you will find detailed information about each plan, including available features and monthly prices. We want to help you choose the plan that best suits 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. Making our Service convenient to use 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:
Pro plan: The Pro plan offers an expanded set of features and capabilities. It is suitable for users who need more functionality and flexibility.
Expert plan: The Expert plan is intended for professionals and advanced users with specialized and demanding requirements. Its exclusive features and customized solutions enable experts to get the most out of our Service.
Enterprise plan: The Enterprise plan includes all the advanced features and benefits offered by our Service. It is ideal for users with demanding requirements who want to take full advantage of our platform.
All subscriptions are billed monthly.
Detailed information about the options and pricing for each plan is available on the pricing page. Our aim is to help you choose the most suitable plan and use the services that meet your needs.
Can I switch to a different paid plan?
Yes — users on any paid plan can switch to another paid plan at any time. When switching plans, the unused portion of the current billing period is automatically credited toward the cost of the new plan. This means you do not lose any money you have already paid: the remaining value of your current plan is applied as a discount on the new one. The switch takes effect immediately, and you gain instant access to the features of your new plan.
Are any additional taxes or fees charged?
We guarantee that no additional taxes or fees will be charged beyond the listed price. Pursuant to § 19 UStG (small-business regulation), no value-added tax is charged. The prices shown are final and include all costs for the selected subscription option or service.
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 confident that you will not incur 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 features and services offered. We welcome both individuals and organizations to use our Service and benefit from its features.
Our Service is intended for a wide range of users, including:
Private individuals: If, as a private individual, you are interested in virtual tours, panoramas and point clouds and would like to use the features of our platform, our Service is available to you.
Legal entities: Legal entities can use our Service to create professional virtual tours and striking presentations of their products, services, or real estate.
Creative professionals: Photographers, architects, real estate agents and other creative professionals 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 positive 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.
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 contact us.
Is a valid email address required to use the Service?
Yes. A working email address is required to use the Service. When you register, you confirm that the email address you provide is valid, belongs to you, and can receive messages from us. You are responsible for keeping this address up to date and ensuring that messages we send to it are delivered and not blocked or filtered out as spam.
Email is our main channel for communicating with you, including notifications about your account, your subscription, and important changes. If our messages to your email address cannot be delivered, we have no way to reach you or to warn you in advance. For this reason, if your email address stops working or our messages to it are repeatedly undeliverable, we reserve the right to delete your account without prior notice, since giving such notice would not be possible.
Are any activities prohibited on the Website?
Yes. To ensure safety, reliability, and a positive user experience, certain activities are prohibited on our Website. In particular, users must comply with the Personal Data Protection Law.
Violations of laws and regulations: The use of our services for illegal or unauthorized activities is strictly prohibited.
Copyright infringement: Uploading or sharing content that infringes the copyright or other intellectual property rights of the Website Owner or other users is not permitted.
Harassment and discrimination: Any form of harassment, discrimination, hate speech, or bullying toward other users or groups of people is prohibited.
Distribution of malware: It is prohibited to upload or distribute viruses or any form of malware.
Breach of privacy: Publishing personal information about 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.
Misleading information: Dissemination of false or misleading information is not permitted.
Spam and unsolicited advertising: Sending spam or unsolicited advertising on our website is prohibited.
Disruptive behavior: Any behavior that interferes with other users' use of our website is not permitted.
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 access to the Service being blocked or other enforcement action. We recommend that all users carefully read the terms of use and the guidance on our Website to ensure that they respect third parties' privacy and handle their personal data responsibly.
6. Subscription cancellation and refunds
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:
Flexible cancellation option: We understand that our users' needs may change. Therefore, we offer the option to cancel subscription renewal at any time.
No notice period: You may cancel your subscription at any time without notice. Cancellation takes effect at the end of the current paid billing period, and the subscription will not renew thereafter.
Subscription cancellation: Canceling your subscription is straightforward. You can cancel it from your account on our Website or contact us for assistance if you experience any issues.
No obligation: We respect your decision and will not require you to continue using our Service after canceling your subscription. You retain 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 end at the end of the paid billing period. We strive to make subscription cancellation simple and transparent so that our users retain full control over their use of our services.
Are refunds available in the event 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 fully informed if you cancel your subscription or encounter any difficulties with the Service.
Refunds on subscription cancellation: Please note that under our refund policy, no refunds will be issued for unused days in the paid period when a subscription is canceled. This means the amount already paid for the current billing period will not be returned.
Difficulties with the Service: If any problems arise that affect your ability to use our Service properly, 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 effectively.
We strongly recommend that you carefully read the Refund Policy in these Terms and Conditions to understand the terms and steps that apply if you cancel your subscription or experience 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 approach in such situations.
How do I cancel my subscription?
You can cancel your subscription through your Stripe account dashboard. A link to sign in to Stripe is available on your profile page on our Website. After signing in to 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 help you through the cancellation process.
7. Right of withdrawal
What is the right of withdrawal?
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, simply inform us of your decision to withdraw in any form (e.g., by email, letter, or any other clear expression of intent). No special format or justification is required.
To meet the withdrawal deadline, it is sufficient to send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we will refund 100% of the amount paid without conditions or questions asked. The refund will be issued without undue delay and no later than fourteen days from the day we are informed of your decision to withdraw. We will make the reimbursement using the same payment method you used for the initial transaction; in any case, you will not incur any fees as a result of this reimbursement.
Model withdrawal form
You may use this form to withdraw, but it is not required. Any clear expression of your intent to withdraw is sufficient.
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract.
- Email address of consumer(s): _______________
(*) Delete as appropriate.
8. Intellectual property
Who owns the rights to the materials posted on our Website?
The materials on our Website are protected by copyright and other intellectual property rights. The following are the main provisions regarding ownership rights:
Our 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.
Website user content: Users may create and share content on our Website. Generally, users retain the rights to the content they create. In doing so, they grant us permission to use, display, and distribute that content as part of the services provided through our Service.
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 applicable 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 of all stakeholders and protecting their intellectual property.
9. Disclaimers and guarantees
What liability does the Website Owner assume for use of the Service?
The Website Owner assumes certain responsibilities in connection with use of the Service. The following are the main liability provisions of these Terms and Conditions:
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 right to exercise direct control over all user-generated content.
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.
Limitation of liability: In most cases, the Terms and Conditions limit the Website Owner's liability to certain amounts or types of damages. This limits the Website Owner's risk to a reasonable extent.
Personal data protection: The Privacy Policy sets out how personal data will be processed, and the Website Owner 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 services provided?
No guarantee is provided for the functionality or quality of the Service. 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 their use of the Service is at their own risk and that there are no express or implied guarantees of quality or functionality.
To fully understand the terms, conditions and limitations of liability that apply to use of our Service, please read these Terms and Conditions carefully.
10. 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 is general information about how we handle data:
Data collection: We collect user data in various ways, including information submitted during registration and data generated through the use of our Service. This may include personal data such as a name and an email address, as well as technical information such as IP addresses and device details.
Data storage: All data we receive from users is securely stored on servers in Falkenstein, Germany. We place great importance on the security and protection of our users' data and implement appropriate security measures to safeguard it.
Use of data: The data we collect is used to provide and improve our services. This may include personalizing content, responding to requests, and ensuring the proper functioning of the Service.
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 obtain full information about how we process data and their rights regarding their data.
Is there a separate document covering the protection of personal data?
Yes, we have a separate document dedicated to 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:
- The types of data we collect
- How we use the data we collect and for what purposes
- How we protect personal data
- How a user can access their data
- User rights regarding their data
- How you can contact us with 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 first-party cookies that are necessary for login and configuration. These cookies are required to ensure the smooth operation 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 or track your online activity outside our platform. Your data is 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, optimize the functionality of the Website, and retain your settings.
11. Changes to these Terms and Conditions of Use
How are users notified of changes to these Terms and Conditions of Use?
We provide information about changes to these Terms and Conditions in the following ways:
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 updated accordingly. We recommend that our users review these Terms and Conditions regularly to stay informed of the latest changes.
Email notification: In certain cases, we may notify registered users by email of important changes to these Terms and Conditions. To receive such notifications, please make sure your email address is up to date.
We notify users of changes to these Terms and Conditions in accordance with legal requirements, ensuring that they are informed of any important updates. We strongly recommend that you read and understand these Terms and Conditions, especially when they have been updated. 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:
Legal requirements: The Terms and Conditions may be amended to comply with legal requirements and regulations. If changes to laws or regulations affect our services or their use by our users, it may be necessary to update the Terms and Conditions.
Improvements or additions to 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 them.
Changes to regulatory requirements: Changes to regulatory requirements or the Privacy Policy may require updates to the Terms and Conditions to ensure compliance with all applicable requirements.
Improving clarity and readability: We may modify the Terms to make them clearer and easier for our users to understand, without changing the fundamental conditions governing use of the Service.
Please note that changes to the Terms and Conditions will be made in accordance with applicable law and through a transparent, objective process. We ensure that 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 provide comments. In some cases, users may be required to accept the updated Terms and Conditions in accordance with applicable legal requirements and the specific provisions of the Terms and Conditions.
12. Procedures for handling and resolving 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. If the user is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Düsseldorf, Germany. For consumers, the statutory provisions on jurisdiction apply.
Are there any alternative dispute resolution options, such as amicable settlement?
We strive to resolve disputes and disagreements as fairly and efficiently as 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 dispute, we recommend first contacting our support team, and we will try to find the best possible solution. If an agreement cannot be reached in this way, arbitration may be offered to resolve the dispute out of court.
13. Other provisions
Is there any other important information users should know?
Yes. Users should also review the following important information:
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.
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.
Security: We take the security of our users' information seriously and implement the necessary measures to keep it safe. However, please keep in mind that data security on the Internet can never be 100% guaranteed.
Accounts and passwords: Users are responsible for keeping their account information, including passwords, secure. Sharing passwords or misusing accounts may result in the user's account being blocked.
Intellectual property rights: Please respect intellectual property rights and copyrights as specified in these Terms and Conditions.
Protection of personal data: Information about the collection, storage and use of personal data can be found in our Privacy Policy.
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 gain a complete overview of our services and their terms of use. If you have any further questions, please contact us.
14. Self-Hosted and On-Premises Use (Software License)
Do separate terms apply if I receive the software for self-hosting?
Yes. This Section 14 applies, in addition to the other provisions of these Terms and Conditions, to any customer who receives the Software for installation and operation on their own infrastructure (a self-hosted or on-premises deployment), for example in the form of Docker images. In this Section, the "Software" means the 360ForYou application and all components we make available to you for self-hosting, including container images, binaries, object and source code, scripts, configuration files, machine-learning models, data files and documentation, together with any updates and new versions provided to you. Where this Section conflicts with another provision of these Terms and Conditions, this Section prevails with respect to the self-hosted Software. The Software is made available only to business customers (entrepreneurs within the meaning of § 14 BGB) for their professional or commercial activities.
What rights to use the Software do I receive?
We grant you a perpetual, non-exclusive, non-transferable, non-sublicensable license to install and run the Software for your own internal business purposes, limited to the number of deployments and instances agreed with you, and only on infrastructure that you own or control. Your right to use the version(s) of the Software made available to you does not expire merely with the passage of time; it continues for as long as you comply with these Terms and Conditions and may be terminated by us only for cause as described below. The Software is licensed, not sold. We and our licensors retain all right, title and interest in and to the Software, including all intellectual property rights in it. You receive no rights other than those expressly granted in these Terms and Conditions.
Can I use the Software to publish my own projects and give others access to my results?
Yes. Your permitted use of the Software expressly includes using it to create, process, host, display, publish, share and otherwise make available your own projects, virtual tours, point clouds, scans, models and other content and results to your customers, project partners and the public, including by providing private or public access links and by embedding such content in your own websites or applications. Persons who merely access, view or interact with content that you make available through the Software (your "End Users") are not thereby granted any license to the Software, and giving your End Users such access is not a prohibited transfer of the Software, nor a prohibited operation of the Software as a service to third parties. You remain responsible for the content you publish and for your relationship with your End Users and customers.
What about updates, upgrades and new versions?
Access to updates, upgrades and new versions of the Software, including the right to download them, is included for an update period of one (1) year from the initial provision of the Software, unless otherwise agreed in writing. After the update period ends, continued access to updates requires a separate paid renewal. If you do not renew, you may continue to use the most recent version made available to you during your update period on a perpetual basis under this Section, but we are under no obligation to provide any further updates, upgrades, fixes or support. We may make individual updates or new versions subject to additional or amended terms where this is necessary for legal or technical reasons.
How is the license tied to my deployment?
Your license is limited to the number of deployments and instances agreed with you and to infrastructure that you own or control. Operating additional instances, or making your deployment available to third parties so that they can use the Software for their own projects or content, requires additional licenses agreed with us in advance. This does not affect your own use of the Software to carry out projects for your customers and to deliver and publish the results to them. The Software may include a customer-specific license and technical identifiers that allow us to confirm that the Software is being used within the agreed scope.
What am I not allowed to do with the Software?
To protect our intellectual property, the following restrictions apply for as long as you hold or use the Software. Except to the extent that a specific restriction is prohibited by mandatory applicable law (in particular the decompilation and backup rights granted by §§ 69d and 69e UrhG, which remain unaffected), you may not:
No resale or distribution of the Software: resell, rent, lease, lend, distribute, publish, sublicense or assign the Software; make the Software itself available to any third party; or allow any third party to use the Software or its features for creating, uploading and processing that third party's own projects or content. This includes operating or offering the Software (or those features) to third parties as a hosted, multi-tenant or managed service, and providing third parties with accounts, logins or workspaces to upload or process their own data, whether for a fee or free of charge. This restriction concerns use of the Software itself and does not limit your permitted use, including publishing your own content and giving your End Users access to your results as described above.
No transfer to third parties: transfer, pass on, share or disclose the Software, the container images, or your access credentials (including registry credentials, license files and license keys) to any third party.
No reverse engineering: reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct or derive the source code, underlying ideas, algorithms or structure of any part of the Software that is supplied in compiled or object-code form.
No copying beyond what is necessary: copy or reproduce the Software, except for the reasonable number of backup copies strictly necessary to operate your licensed deployment.
No modification: modify, adapt, translate or create derivative works based on the Software.
No tampering with notices: remove, obscure or alter any copyright, trademark, license, watermark or other proprietary notice or identifier contained in or generated by the Software.
No circumvention of licensing: circumvent, disable, or interfere with any license-validation, activation, usage-metering, update-entitlement or other technical protection mechanism of the Software, or use the Software outside the agreed scope of your license.
No competing use: use the Software, or any ideas, features or know-how derived from it, to develop or operate a product or service that competes with the Software. This does not restrict your own surveying, scanning, visualization or other services that you provide to your customers using the Software in accordance with these Terms and Conditions.
Can the license be terminated?
Because the license to use the Software is perpetual, it does not expire with the passage of time. However, we may terminate your license for good cause, in particular if you materially breach these Terms and Conditions (for example, the restrictions set out above) and, where the breach can be remedied, fail to remedy it within a reasonable period after our request. On termination for cause, all rights granted to you under this Section end immediately: you must stop using the Software and, within a reasonable period, delete or destroy all copies in your possession or control, including all container images, and confirm that you have done so at our request. Provisions that by their nature should continue to apply, including those on ownership, confidentiality and the restrictions set out above, survive termination.
How do we protect and verify compliance?
The Software contains our confidential information and trade secrets. You must protect it with at least the same degree of care that you apply to your own confidential information and must not disclose it to third parties. The Software may include technical means that identify your deployment (such as a customer-specific license and identifiers) and that record activation and usage for the purpose of verifying compliance with the license. Where we have reasonable grounds to believe that the Software is being used outside the agreed scope of your license, we may, on reasonable prior notice and during normal business hours, verify your use of the Software, including by reviewing relevant deployment information and records.
What happens in the event of a breach?
Any use of the Software in breach of this Section is unlicensed and infringes our intellectual property rights. In such cases we may, in addition to terminating your license as described above, pursue any other remedies available to us under applicable law, including injunctive relief and claims for damages. Fees already paid are not refunded where we terminate for cause. This does not affect any mandatory statutory rights you may have.