Terms and Conditions (T&C)
Version: April 2026
1. Scope
These Terms and Conditions (hereinafter “T&C”) apply to all contracts concluded between Abbas Albukhari, Bebelstr. 9, 44623 Herne (hereinafter “Provider”) and the user (hereinafter “Customer”) via the ipano360 platform (available at studio.ipano360.com).
Any deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
2. Subject of the Contract
The Provider provides the Customer with a web-based software as a service (SaaS) via the ipano360 platform for the creation, management, and publication of virtual tours.
The scope of functions depends on the subscription selected in each case.
3. Conclusion of Contract and Registration
By registering on the platform and accepting these T&C, a user agreement is concluded between the Customer and the Provider.
The Customer confirms that the data provided during registration is complete and accurate.
4. Freemium Model (Free and Paid Use)
The ipano360 platform is offered under a so-called freemium model.
The Customer may use the platform in a free version with limited functionality.
Access to advanced features requires a paid subscription.
The specific scope of functions depends on the selected plan.
5. Prices and Payment
The applicable prices and subscription models can be viewed on the platform.
All prices include statutory VAT where applicable (note: small business regulation pursuant to § 19 UStG).
Payment is made in advance for the respective billing period.
6. Immediate Performance and Exclusion of Withdrawal Right
When concluding a paid subscription, the Customer expressly agrees that the Provider begins providing the digital service immediately after the contract is concluded.
The Customer is informed that, by giving explicit consent to the immediate start of performance, they lose their right of withdrawal in accordance with § 356 para. 5 of the German Civil Code (BGB).
Further details are regulated in the separate withdrawal policy.
7. Refund Policy
Payments already made for completed or ongoing billing periods are generally non-refundable, unless mandatory legal claims exist (in particular in cases of defect liability or a validly exercised right of withdrawal).
The Customer may cancel their subscription at any time with effect at the end of the current billing period.
After cancellation, access remains valid until the end of the already paid period.
8. Availability, Maintenance and Service Description
The Provider endeavors to ensure the platform is available with as little interruption as possible.
The Customer has no entitlement to a specific level of availability, error-free operation, or continuous accessibility of the platform.
The service is provided “as is” and “as available.”
The Provider reserves the right to temporarily restrict or suspend the platform for maintenance, updates, security measures, or other technical or operational reasons, without giving rise to any claims by the Customer.
9. Data Backup and Data Loss
The Customer is solely responsible for securing their data and content.
The Provider does not create guaranteed backups of the content uploaded by the Customer and assumes no liability for the loss, damage, or inaccessibility of Customer data for any reason, unless such loss is due to intentional misconduct or gross negligence by the Provider.
The Customer is expressly advised to regularly create their own backup copies of all content stored on the platform.
10. Customer Obligations
The Customer undertakes to use the platform only in accordance with applicable laws and these T&C.
The Customer bears sole responsibility for all content uploaded or published via the platform.
The Customer ensures that their content does not infringe third-party rights (in particular copyrights, trademark rights, and personality rights) and does not violate applicable law.
The Customer is responsible for the security of their access data.
11. Content Review and Removal
The Provider is entitled to review, block, or remove content uploaded by the Customer without prior notice if there are concrete indications that the content violates applicable law, third-party rights, or these T&C.
The Provider is also entitled, in the event of suspected criminal activity, to inform the competent authorities and to transmit relevant data within the scope permitted by law.
11a. Abuse and Unauthorized Use
The Provider is entitled to take measures if there are indications of abusive or harmful use of the platform.
This applies in particular in cases of:
- unusually high or automated usage (e.g., mass uploads within a short period),
- usage that may impair the stability, security, or performance of the platform,
- attempts to circumvent technical protection measures,
- any other behavior that may cause harm to the Provider or other users.
In such cases, the Provider is entitled, at its own discretion, to:
- temporarily or permanently suspend the user account,
- terminate the subscription without notice,
- restrict or delete uploaded content.
There is no entitlement to a refund of payments already made in such cases.
The Provider is not obliged to inform the Customer in advance of such measures if this is not possible or reasonable for security reasons.
12. Limitation of Liability
The Provider shall be liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
In cases of slight negligence, the Provider shall only be liable for breaches of essential contractual obligations (cardinal obligations); in this case, liability is limited to the typical, foreseeable damage.
Liability Cap:
The total liability of the Provider for all claims of the Customer arising from or in connection with this contract shall – except in cases of unlimited liability (intent, gross negligence, personal injury) – be limited to the amount of remuneration actually paid by the Customer in the twelve (12) months preceding the damaging event.
Liability for indirect damages, consequential damages, loss of profit, data loss, or loss of use is excluded to the extent permitted by law.
13. Indemnification
The Customer shall indemnify the Provider against all third-party claims arising from unlawful use of the platform by the Customer or from content provided by the Customer.
The Customer shall bear the reasonable costs of the Provider’s legal defense.
14. Termination of Service
The Provider reserves the right to discontinue the service in whole or in part permanently.
In the event of a permanent discontinuation, the Provider will inform the Customer at least thirty (30) days in advance via email or through the platform.
During this period, the Customer has the opportunity to download and secure their data and content.
After the expiry of this period, the Provider is entitled to irreversibly delete all Customer data.
Payments made in advance for the period after the final discontinuation will be refunded on a pro rata basis.
Any further claims by the Customer are excluded.
15. Amendments to the T&C and the Platform
The Provider reserves the right to amend these T&C with appropriate prior notice.
The Customer will be informed of changes via email or through the platform.
If the Customer does not object to the amended T&C within 30 days after receipt of the notification of change, the amended T&C shall be deemed accepted.
The Provider also reserves the right to modify, extend, or restrict the functionality of the platform at any time.
16. Termination and Suspension
The Customer may cancel their subscription at any time with effect at the end of the current billing period.
The Provider may terminate the contract for good cause without notice or suspend the Customer account, in particular in case of violation of these T&C, unlawful content, or payment default.
In the event of extraordinary termination by the Provider, no refund entitlement exists.
17. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If the Customer is 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 this contract shall be Herne, Germany.
18. Severability Clause
If any provision of these T&C is invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
19. Governing Language
These T&C are drafted in German.
Translations into other languages are provided for informational purposes only.
In the event of discrepancies between the German version and any translation, the German version shall prevail.