General Terms and Conditions (AGB)

Status: July 24, 2025

threesixty.at GmbH in foundation | Agency for 3D, VR, web & digital media

Managing Director: DI Philipp Hubmer | Sankt-Georgen-Gasse 7, 8020 Graz, Austria

FN 595398 k | ATU 68978403 | GLN 9110007079112 | GISA 35394792 | GISA 19301037

Note: The conversion of threesixty.at e.U. into threesixty.at GmbH has been initiated. Until registration in the commercial register, business will continue to be conducted under the above numbers and on the basis of the previous legal form. After registration, the new company data will be communicated.

1 Scope of application & conclusion of contract

1.1 These GTC shall apply to all legal transactions of threesixty.at GmbH in formation (hereinafter referred to as "Agency") with entrepreneurs within the meaning of § 1 UGB. § 1 UGB. Contracts with consumers shall only be concluded by separate agreement; in this case, mandatory consumer protection regulations shall take precedence.

1.2 Conflicting or supplementary terms and conditions of business or purchase of the Client shall only become effective if they are expressly recognized by the Agency in writing.

1.3 Upon acceptance of an offer - regardless of whether made in writing, electronically or verbally - but at the latest when the service is used, these GTC shall be deemed to have been agreed.

1.4 All offers made by the Agency are subject to change; a contract shall only come into effect upon written order confirmation or commencement of the provision of services.

1.5 The client shall be notified in writing of any amendments to these GTC. If the client does not object within 14 calendar days of receipt, the changes shall be deemed approved. This does not apply to changes to essential service contents or prices; express consent is required for these.

1.6 In the case of contracts with public clients or foreign partners, these GTC shall only apply insofar as they do not contradict mandatory public procurement or public regulations of the client. Deviations shall be agreed in writing.

1.7 All notifications, declarations and documents can also be sent electronically (in particular by e-mail) and are deemed to have been delivered upon receipt. Digital signatures are recognized.

2 Scope of services & obligations to cooperate

2.1 The nature and scope of the services are set out in the offer, briefing, order confirmation or project contract and may include the following modules, among others:

- 3D modeling, 3D visualization & animation

- Creation/editing of 360° and VR content

- Image and advertising videos

- Web, software and app development incl. hosting/cloud services

- Graphic and print design

- Sale or rental of VR hardware including support

2.2 Concept & correction runs. Unless otherwise specified in the offer, the fee includes one concept stand and one correction run. Further changes or subsequent concept changes will be charged at the applicable hourly rate.

2.3 Acceptance. After delivery or provision, the client must inspect the service within 10 working days and accept it in writing or report detailed defects. If no such notification is made, the service shall be deemed to have been accepted. Insignificant defects shall not prevent acceptance.

2.4 The client shall provide all documents, access data, test environments and rights to provided works (e.g. architectural plans, trademarks) required for the provision of services in good time and in full and shall guarantee their legal ownership. In the event of delay, deadlines shall be extended accordingly; additional costs shall be borne by the client.

2.5 The Agency shall be entitled to use carefully selected subcontractors and shall only be liable for their selection.

2.6 If the Agency provides services on the Client's premises, the Client shall inform the Agency in good time of the applicable security and access regulations; the Agency undertakes to comply with these.

2.7 Support, maintenance or rectification services after completion of the project shall only be the subject of the contract if commissioned separately and shall be charged at the Agency's applicable hourly rate, unless otherwise agreed.

3 Deadlines, fixed transactions & default

3.1 Performance deadlines are only binding if they have been designated in writing as "fixed deadlines".

3.2 If the Agency is in default, the Client shall set a reasonable grace period of 14 calendar days. If this period expires without result, the client may withdraw from the unfulfilled part of the contract.

3.3 Delays for which the Agency is not responsible (force majeure, failure of cloud providers, pandemics, power/grid disruptions, delays caused by the Client) shall entitle the Agency to postpone deadlines; claims for damages by the Client shall be excluded.

3.4 In the event of project termination without gross breach of duty by the Agency, the Agency shall be entitled to 50% of the agreed fee as well as compensation for all services and third-party costs incurred up to that point.

4 Copyright & rights of use

4.1 All works created by the Agency (photos, renderings, 3D models, videos, software code, etc.) are protected by copyright. All rights shall remain the property of the agency until full payment has been made.

4.2 Upon full payment, the client shall receive - unless otherwise agreed in the offer - a simple, non-transferable and non-exclusive right of use, limited to the territory of Austria (for domestic clients) or the country of domicile of the client (for foreign clients), with a term of one year from project handover, for use for its own marketing and information purposes on the following standard channels: print, web, social media, POS, trade fairs and AR/VR applications. Further rights (e.g. TV advertising, merchandise, transfer to third parties or exclusive use) require a written extension of the license and must be paid for separately.

4.3 Any editing, translation or disclosure to third parties is not permitted without the Agency's prior written consent.

4.4 The provision of open production or source files (3D scenes, source code, raw data) is not owed. A transfer can be agreed for a separate fee (rule: 150% to 300% of the net project value); standard modules / open source components remain unaffected by this.

4.5 References: The agency may use the client's name, logo and project results for its own advertising purposes (website, social media, presentations, awards), subject to any confidentiality agreements. An objection is possible in writing upon conclusion of the contract.

4.6 Attribution of copyright: The credit "threesixty.at (year)" must be clearly visible on the work or in the imprint for every publication. In the event of a first-time omission, the client shall owe a contractual penalty of up to 20% of the net project value; in the event of repeated violations, up to 100%.

4.7 AI training & platform usage.

4.7.1 The content received from or created for the client may not be used for training machine learning/AI models or for uploading to stock, NFT or comparable platforms without written agreement.

4.7.2 A contractual penalty amounting to five times the net project value shall be due for each culpable breach; further claims shall remain unaffected.

4.8 Use of AI tools by the agency. The client agrees that the agency may use lawful AI services to increase efficiency or creativity and process project-related data for this purpose, provided that this is done in compliance with the GDPR. A written opt-out is possible before the order is placed; additional costs / extended delivery times shall be borne by the client. The agency guarantees that the delivered results are free of third-party rights and that any statutory labeling obligations are complied with.

5 Open source, hosting & third-party services

5.1 If the Agency uses open source software, its license conditions shall apply, which the Client shall receive and comply with upon request.

5.2 If protected third-party content (stock material, fonts, etc.) is used, the client shall only receive rights of use to the extent of the respective license.

5.3 Hosting.

5.3.1 Unless expressly agreed otherwise, the client shall conclude the hosting contract directly with a provider; the agency shall only act in an advisory capacity and shall not be liable for availability, data loss or security gaps of the provider.

5.3.2 Maintenance, updates or long-term care are only subject matter of the contract if agreed separately.

5.3.3 The client is responsible for regular back-ups, unless a separate backup service has been agreed.

5.4 Platform compliance. When using external services or platforms (e.g. Google Maps, social media), the client is responsible for compliance with the respective guidelines. Changes to these guidelines after the end of the project do not constitute an obligation on the part of the agency to make improvements.

6 Data protection & confidentiality

6.1 If the Agency processes personal data on behalf of third parties, the parties shall conclude a data processing agreement (DPA) in accordance with the requirements of Art 28 GDPR prior to commencement. The agency primarily uses EU hosters; transfers to third countries are only made on the basis of suitable guarantees (SCC + additional measures).

6.2 Both parties undertake to treat as confidential all business and trade secrets and project-related data obtained in the course of the collaboration. This obligation shall apply one year after the end of the contract, unless already governed by a separate non-disclosure agreement (NDA), and shall not apply to information that is generally known or accessible without breach of contract.

6.3 Project data shall be archived by the Agency for a maximum of 12 months after completion of the project, unless statutory retention obligations or separate agreements to the contrary exist. After this period has expired, the data shall be deleted unless the client has expressly requested longer archiving.