Terms and conditions

Version 1 (May 2024)

1. Scope

1.1 These terms and conditions apply to the offerings by ScannedReality GmbH, c/o Thomas Schöps, Fichtenstraße 2, 85774 Unterföhring, Germany (hereinafter "ScannedReality"). In particular, this includes:

1.2 The offerings may be used both by consumers and by businesses and institutions (hereinafter "Users").

1.3 Conflicting or different terms by Users do not apply, unless their validity has been expressly agreed to in writing by ScannedReality.

2. Contract formation

2.1 ScannedReality's offerings are exclusively aimed at Users who have reached the legal minimum age for concluding contracts.

2.2 The presentation of the Software on the Website does not constitute a binding application to conclude a purchase or rental agreement. Rather, it is a non-binding invitation to subscribe to the software.

2.3 Contracts may exclusively be concluded in English language.

2.4 Use of the Software requires registering a user account on the Website.

2.5 In the member area of the website, a contract about the use of the Software in the paid version may be concluded.

3. Services

3.1 The Software is provided as a download on the Website. The range of functions (specification of services) of the Software is described in its documentation, which is also available on the Website.

3.2 ScannedReality grants the User a non-exclusive, non-transferable, non-sublicensable, time-limited right to install and use the Software, which is licensed by us to the User as set out in these terms and conditions.

3.3 The customer acquires no rights to the software other than those expressly stated in these terms and conditions.

3.4 The right of use is restricted to the use on up to 3 devices per user account, unless something different has been agreed to individually. This restriction is implemented by the Software in a technical way.

3.5 As long as ScannedReality offers the Software, it will provide updates for it, which may be downloaded on the Website. Users are notified about updates by email, unless they objected to this. ScannedReality reserves the right to expand or adapt the software through updates if there is a good reason for doing so. Updates do not incur any additional costs for Users.

3.6 ScannedReality endeavors to provide support for the Software, however, we do not commit ourselves to specific services or expenses, unless this has been agreed to individually. If a support prioritization is specified in the product description, this should only be understood as a prioritization, not as a promise of certain services.

4. Costs and terms of payment

4.1 The prices stated on the Website include statutory VAT and other price components.

4.2 The transaction currency is EUR (Euros).

4.3 The User is offered different payment options, e.g., by credit card. The selection of the available payment methods is the responsibility of the payment service provider that we use, Stripe. There is no right to use any possible payment method.

4.4 Payments are due in advance for the respective subscription period. Electronic invoices are sent by email and are available in the customer area.

4.5 If a payment owed by the User under the agreement is overdue, ScannedReality notifies the User via email. In this case, ScannedReality is entitled to to block the User's access to the paid version of the Software until the outstanding amount has been paid.

4.6 ScannedReality may offer discounts to academic Users. ScannedReality decides at its own discretion whether a User receives these benefits.

5. Right of withdrawal

In the event that you are a consumer within the meaning of Section 13 BGB (German law), meaning that you conclude the contract for purposes that can predominantly be attributed neither to your commercial nor to your self-employed professional activity, then you have a right of withdrawal as explained in the appendix to these terms and conditions. This right of withdrawal only applies to consumers.

6. Duration and cancellation

6.1 Paid software subscriptions have a minimum contract term of one or six months, depending on the User's selection; for consumers, only the former option is available. After the end of the minimum contract period, subscriptions are extended indefinitely. The duration of a billing period equals the originally selected minimum contract term.

6.2 Paid software subscriptions can be canceled at the end of the minimum contract period or the current billing period. Termination at the earliest possible date can be carried out, for example, by using the button "Manage or cancel subscription" in the member area and confirming the cancellation on the following pages. The right to use the software remains after termination until the end of the minimum contract term or the current billing period.

6.3 The right of termination for important reasons for both contractual parties remains unaffected.

6.4 User accounts can be deleted by the User in the member area. As a result, access to the software is lost and any paid software subscription belonging to this user account will be automatically canceled at the earliest possible date.

7. Technical requirements for use

7.1 It is up to the User to ensure that the devices on which the Software is used fulfill the technical minimum requirements of the Software, as described in its documentation.

8. Limitations

8.1 User accounts or their access data may not be passed on to third parties. The User is obliged to treat their access data confidentially and to protect it from access by third parties.

8.2 Unless applicable law gives you more rights despite this limitation, you may not:

9. Data protection

9.1 Data processing in connection with the contracts regulated in these terms and conditions is governed by our privacy policy, which you may access at https://scanned-reality.com/privacy.

10. Warranty

10.1 ScannedReality GmbH warrants during the statutory warranty period that the functionality of the software essentially corresponds to the specifications described in the documentation.

10.2 For consumers, warranty claims are governed by the statutory provisions. If you are a business in the sense of Section 14 BGB (German law), meaning that when concluding a legal transaction, you act in the exercise of your commercial or self-employed professional activity, then the statutory provisions apply with the following modifications:

11. Liability

11.1 To the extent permitted by law, ScannedReality is not liable for damages which are due to improper use of the software.

11.2 Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with statutory provisions. We are liable for damages resulting from injury to life, body and health of persons due to slight negligence.

11.3 Otherwise, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our proxys.

12. Dispute resolution

12.1 The European Commission provides a platform for online dispute resolution. You can find the platform at https://ec.europa.eu/consumers/odr/.

12.2 We strive to settle potential disputes amicably. However, we are neither obliged nor ready to participate in dispute resolution procedures at a consumer arbitration service.

13. Applicable law

13.1 For contracts between us and you, German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer law provisions of the country in which you usually reside remain unaffected by the choice of law (particularly with regard to the conclusion of the contract and warranty law).

13.2 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is our place of business.

14. Updates to these terms and conditions

14.1 ScannedReality may update these terms and conditions. We will inform Users about this by email, highlighting the changed passages.

14.2 The changes will only become effective for existing contracts if you actively agree to them. We will inform you of this in the email.

14.3 If you do not agree to the changes, the old terms and conditions will remain valid for your contract. However, ScannedReality reserves the right to terminate your contract at the next possible date in this case.

15. Closing provisions

15.1 We do not save the complete contract text. Before sending an order via our website, the contract data can be printed out or saved electronically using the browser's print function. The most current version of the terms and conditions can be read and downloaded from the Website at any time. The version of the terms and conditions that apply to your account can be read and downloaded in the member area under the link "Terms and conditions for my account". After receipt of an order, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by email.

15.2 If one or more provisions of these terms and conditions are or become ineffective, this will not affect the effectiveness of the remaining provisions.

These terms and conditions are in part based on a sample by:
HÄRTING Rechtsanwälte, www.haerting.de/en, vertragstexte@haerting.de
Chausseestraße 13, 10115 Berlin, Germany, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4

Right of withdrawal

In the event that you are a consumer within the meaning of Section 13 BGB (German law), meaning that you conclude the contract for purposes that can predominantly be attributed neither to your commercial nor to your self-employed professional activity, then you have a right of withdrawal as explained below. This right of withdrawal only applies to consumers.

Instructions on withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us (ScannedReality GmbH, c/o Thomas Schöps, Fichtenstraße 2, 85774 Unterföhring, Germany; Tel: +49 (0) 15735449744; E-Mail: contact@scanned-reality.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached sample cancellation form, although this is not mandatory.

In order to conform to the cancellation period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the cancellation period expires.

Consequences of withdrawal

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of withdrawal with regard to this contract, in comparison to the overall scope of services provided for in the contract.

Sample withdrawal form

(If you wish to cancel the contract, then please fill out this form and send it back to us.)

ScannedReality GmbH
c/o Thomas Schöps
Fichtenstraße 2
85774 Unterföhring

E-Mail: contact@scanned-reality.com

- I/we (*) hereby cancel the contract concluded by me/us (*) about the purchase of the following goods (*) / the provision of the following service (*): _____________
- Ordered on __________(*) / received on __________(*)
- Name of the consumer(s): _____________
- Address of the consumer(s): _____________
- Signature of the consumer(s) (only if sent on paper): _____________
- Date: _____________

(*) Delete what is not applicable.