terms and conditions.

1. Scope & Contract Formation

These Terms and Conditions apply to all legal transactions of threesixty.at GmbH (the "Agency") with entrepreneurs as defined in § 1 of the Austrian Commercial Code (UGB). Contracts with consumers shall only come into existence by separate agreement; mandatory consumer protection provisions take precedence.

Conflicting or supplementary terms and conditions of the Client — including any purchasing conditions — shall only become effective if expressly acknowledged in writing by the Agency.

Upon acceptance of an offer — regardless of whether given in writing, electronically, or orally — or at the latest upon use of the service, these Terms and Conditions shall be deemed agreed.

All offers are non-binding; a contract shall only come into effect upon written order confirmation or commencement of performance.

Amendments to these Terms and Conditions shall be communicated to the Client in writing. In the absence of objection within 14 calendar days from receipt, they shall be deemed approved — except in the case of material changes to services or prices, which require express consent.

For contracts with public-sector clients or foreign partners, these Terms and Conditions shall apply only insofar as they do not conflict with mandatory public procurement or public-law provisions.

Notifications, declarations, and documents may be transmitted electronically (in particular by e-mail) and shall be deemed delivered upon receipt. Digital signatures are recognized.

2. Scope of Services & Cooperation Obligations

The nature and scope of the services are derived from the offer, briefing, order confirmation, or project agreement and may include the following modules:

• 3D modelling, 3D visualization & 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

Unless otherwise specified in the offer, the fee includes one concept stage and one revision round. Any further changes or subsequent concept revisions will be billed at the applicable hourly rate.

After delivery or provision, the Client shall inspect the service within 10 business days and either accept it in writing or provide a detailed notice of defects. If no notification is made, the service shall be deemed accepted. Insignificant defects shall not preclude acceptance.

The Client shall provide all documents, access credentials, test environments, and rights to supplied works necessary for performance of the service in a timely and complete manner, and warrants that it holds the corresponding rights. In the event of delay, deadlines shall be extended appropriately; the Client shall bear any additional costs.

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

Where the Agency renders services on the Client's premises, the Client shall inform the Agency in good time of any applicable safety and access regulations; the Agency undertakes to comply with these.

Support, maintenance, or rework services after project completion shall only be part of the contract upon separate commissioning and, unless otherwise agreed, shall be billed at the Agency's prevailing hourly rate.

3. Deadlines, Fixed-Date Transactions & Default

Performance deadlines shall only be binding if expressly designated in writing as a "fixed deadline".

If the Agency is in default, the Client shall grant a reasonable grace period of 14 calendar days. After the unsuccessful expiry of this period, the Client may withdraw from the unperformed portion.

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

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 reimbursement of all services and third-party costs incurred up to that point.

4. Copyright & Usage Rights

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

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 Client's country of domicile (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. Any further-reaching rights (e.g. TV advertising, merchandise, transfer to third parties, or exclusive use) require a written extension of the license and shall be remunerated separately.

Any modification, translation, or transfer to third parties is not permitted without the prior written consent of the Agency.

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

The Agency may use the Client's name, logo, and project results — while observing any confidentiality agreements — for its own promotional purposes (website, social media, presentations, awards). The Client may object in writing upon conclusion of the contract.

For every publication, the credit "threesixty.at (year)" must be clearly visible on the work or in the imprint. In the case of a first-time omission, the Client shall owe a contractual penalty of up to 20% of the net project value; in the case of repeated breach, up to 100%.

AI Training & Platform Use

The content received by, or created for, the Client may not be used to train machine-learning/AI models, nor uploaded to stock, NFT, or comparable platforms, without a written agreement.

For each culpable breach, a contractual penalty in the amount of five times the net project value shall become due; further claims remain reserved.

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

5. Open-Source, Hosting & Third-Party Services

Where the Agency uses open-source software, the corresponding license conditions shall apply; the Client shall receive these on request and shall be obliged to comply with them.

Where protected third-party content (stock material, fonts, etc.) is used, the Client shall only receive usage rights to the extent of the respective license.

Hosting

Unless expressly agreed otherwise, the Client shall conclude the hosting agreement directly with a provider; the Agency acts in an advisory capacity only and shall not be liable for availability, data loss, or security vulnerabilities of the provider.

Maintenance, updates, or long-term care shall only be part of the contract upon separate agreement.

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

When using external services or platforms (e.g. Google Maps, social media), the Client is responsible for compliance with the respective guidelines. Changes to such guidelines after project completion shall not give rise to any obligation of the Agency to make corrections.

6. Data Protection & Confidentiality

Where the Agency processes personal data on the Client's behalf, the parties shall, before commencement, conclude a Data Processing Agreement (DPA) meeting the requirements of Art. 28 GDPR. The Agency shall primarily use EU-based hosters; transfers to third countries shall only take place on the basis of appropriate safeguards (SCC + supplementary measures).

Both parties undertake to treat as confidential all business and trade secrets as well as project-related data obtained in the course of the cooperation. This obligation shall apply for one year after termination of the contract, insofar as not 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.

Project data shall be archived by the Agency for a maximum of 12 months after project completion, unless statutory retention obligations or separate agreements provide otherwise. After expiry of this period, deletion shall take place unless the Client has expressly commissioned a longer archiving period.

7. Remuneration, Third-Party Costs & Retention of Title

All prices are net plus VAT. Unless a fixed price has been agreed, the Agency's customary market fee shall apply; cost estimates are non-binding. If foreseeable additional costs exceed the cost estimate by more than 20%, the Agency shall inform the Client without delay.

Invoices are due within 8 calendar days without deduction. From an order volume of EUR 5,000 gross onward, 50% of the net project value shall be paid in advance as a down payment. Partial invoices according to performance progress are permissible.

In the event of payment default, default interest of 9 percentage points above the base interest rate shall apply, as well as reimbursement of necessary costs of legal prosecution; reminder fee EUR 50 per reminder. In the case of an instalment payment arrangement, loss of the benefit of term shall occur upon default of any instalment.

Third-party and license costs (render farm, stock material, plug-ins) as well as travel and meeting expenses shall be invoiced based on actual expenditure or cost estimate. Travel time shall be remunerated at EUR 50/hour.

Until full payment is made, the Agency shall retain ownership of all services as well as an extended lien and right of retention.

The Client may only offset against undisputed or legally established claims.

Risk shall pass to the Client upon handover to the forwarder or carrier.

8. Liability

In cases of slight negligence, the Agency shall only be liable for the breach of material contractual obligations (cardinal duties) and only up to the foreseeable damage typical for the contract.

Liability for loss of profit, indirect damage, consequential damage, or data loss shall be excluded to the extent permitted by law.

Claims for personal injury, claims under Art. 82 GDPR, or claims under the Product Liability Act (PHG) shall remain unaffected.

The rule on the burden of proof under § 924 of the Austrian Civil Code (ABGB) is excluded.

When using rented/purchased VR hardware, the Client shall be liable for damage caused by improper use; the Agency shall only be liable in cases of intent or gross negligence.

Claims for damages shall become time-barred 6 months after knowledge, but at the latest 3 years after the damaging event.

The Agency's total liability is limited to the net order value of the project.

9. Warranty

The Client shall inspect the services without delay, but no later than within 10 business days after delivery, and shall notify any defects in writing; otherwise the service shall be deemed approved.

In the case of a justified notice of defects, the Agency shall, at its own option, provide rectification or replacement. Withdrawal or price reduction shall only be permissible after two attempts at rectification have failed or are unreasonable.

Warranty period: 6 months from acceptance.

Industry-standard or technically unavoidable deviations in color, material, format, or resolution — in particular for reorders — shall not constitute a defect.

10. Force Majeure

Events of force majeure (e.g. natural disasters, pandemics, epidemics, war, official measures, energy/network outages) shall release the affected party from its performance obligations for the duration of the disruption.

If the disruption lasts longer than 60 calendar days, either party may withdraw from the contract with respect to the unperformed portion.

11. Choice of Law & Dispute Resolution

Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG); the German-language version of these Terms and Conditions shall be authoritative.

The place of jurisdiction shall be Graz, unless mandatory provisions stipulate otherwise.

The parties undertake to attempt mediation at the Graz location before filing a lawsuit. If mediation fails within 30 calendar days, the dispute shall be decided by a sole arbitrator in accordance with the Vienna Rules (VIAC). Recourse to the ordinary courts shall remain available for interim measures of protection.

Export, customs, and sanctions regulations of the Client's country of domicile shall be complied with by the Client. The Agency shall not be liable for any related violations.

Where a general contractor places an order on behalf of third parties, it shall be liable as if it were the direct client, as long as no written assumption of debt by the third party is in place.

12. Severability Clause

Should any provision of these Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose; subsidiarily, non-mandatory Austrian law shall apply.

This version supersedes all previous versions of these Terms and Conditions.