General Terms and Conditions (GTC)

Status: august 21, 2025

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

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

FN 659416 f

1 Scope & Conclusion of Contract

1.1 These GTC shall apply to all legal transactions of threesixty.at GmbH (hereinafter referred to as "Agency") with entrepreneurs within the meaning of sec. § 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 only become effective if they are expressly acknowledged in writing by the agency.

1.3 By accepting an offer - regardless of whether it is made in writing, electronically or verbally - but at the latest when the service is used, these GTC are deemed to be agreed.

1.4 All offers from the agency are non-binding; a contract only comes into effect with written order confirmation or commencement of the service provision.

1.5 Amendments to these GTC will be communicated to the client in writing. If the client does not object within 14 calendar days of receipt, the amendments are deemed to be approved. This does not apply to changes to essential service content or prices; express consent is required for this.

1.6 In the case of contracts with public clients or foreign partners, these GTC only apply to the extent that they do not conflict with mandatory procurement law or public regulations of the client. Deviations will be agreed in writing.

1.7 All communications, declarations and documents can also be transmitted electronically (in particular by email) and are deemed to have been delivered upon receipt. Digital signatures are recognised.

2 Scope of Services & Obligations to Cooperate

2.1 The type and scope of the services result from the offer, briefing, order confirmation or project contract and may include the following modules:

• 3D modelling, 3D visualisation & animation

• Creation/editing of 360° and VR content

• Image and advertising videos

• Web, software and app development including hosting/cloud services

• Graphic and print design

• Sale or rental of VR hardware including support

2.2 Concept & correction loops. Unless otherwise specified in the offer, the fee includes one concept and one correction loop. 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 notification is omitted, the service is deemed to have been accepted. Insignificant defects do not prevent acceptance.

2.4 The client shall provide all documents, access data, test environments, and rights to provided works (e.g., architectural plans, brands) necessary for the provision of services in a timely and complete manner and guarantees their ownership. In the event of a delay, deadlines shall be extended appropriately; the client shall bear any additional costs.

2.5 The agency is entitled to use carefully selected subcontractors and is only liable for their selection.

2.6 If the agency provides services on the client's premises, the client shall provide timely information on applicable safety and access regulations; the agency undertakes to comply with these.

2.7 Support, maintenance or repair services after project completion are only subject to the contract if separately commissioned and, unless otherwise agreed, will be charged at the agency's current hourly rate.

3 Deadlines, Fixed Dates & Delays

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

3.2 If the agency is in default, the client must set a reasonable grace period of 14 calendar days. After fruitless expiry, the client may withdraw from the part of the contract that has not yet been fulfilled.

3.3 Delays for which the agency is not responsible (force majeure, failure of cloud providers, pandemics, power/network disruptions, delays caused by the client) entitle the agency to postpone deadlines; claims for damages by the client are excluded.

3.4 If the project is cancelled without gross negligence on the part of the agency, the agency is entitled to 50% of the agreed fee as well as reimbursement of all services and external 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. Until full payment, all rights remain the property of the agency.

4.2 With full payment, the client receives - 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 the client's registered office (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 are to be remunerated separately.

4.3 Any editing, translation or transfer to third parties is not permitted without the prior written consent of the agency.

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

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

4.6 Credit: The credit "threesixty.at (year)" must be clearly visible on the work or in the imprint for each publication. In the event of a first-time omission, the client owes 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 Use.

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

4.7.2 For each culpable violation, a contractual penalty amounting to five times the net project value is due; further claims remain unaffected.

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

5 Open Source, Hosting & Third-Party Services

5.1 If the agency uses open source software, its license conditions apply, which the client receives on request and must comply with.

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

5.3 Hosting.

5.3.1 Unless expressly agreed otherwise, the client concludes the hosting contract directly with a provider; the agency only acts in an advisory capacity and is not liable for the availability, data loss or security vulnerabilities of the provider.

5.3.2  Maintenance, updates, or long-term support are only part of the contract if separately agreed upon.

5.3.3  The client is responsible for regular backups unless a separate backup service has been agreed upon.

5.4  Platform Compliance. When using external services or platforms (e.g., Google Maps, Social Media), the client is responsible for complying with the respective guidelines. Changes to these guidelines after the project ends do not constitute an obligation for the agency to make improvements.

6  Data Protection & Confidentiality

6.1  If the agency processes personal data on behalf, the parties will conclude a data processing agreement (DPA) that meets the requirements of Art. 28 GDPR before starting. The agency primarily uses EU hosters; transfers to third countries only take place on the basis of suitable guarantees (SCC + additional measures).

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

6.3 Project data will be archived by the agency for a maximum of 12 months after project completion, unless statutory retention requirements or separate agreements conflict. After the deadline, the data will be deleted, unless the client has expressly requested a longer archiving period.