Terms of Service

Effective date: November 9, 2026 · factory360 GmbH

1. Scope

These Terms of Service apply to all quotes, orders and services of factory360 GmbH, Paul-Engel-Straße 1, 92729 Weiherhammer, Germany ("factory360", "we") for business customers ("Customer"). Our services are offered exclusively to businesses, not to consumers.

The quote accepted by the Customer and these Terms form the entire agreement. If they conflict, the quote prevails. The Customer's own terms and conditions — including purchase order terms — do not apply, even if we do not expressly object to them, unless we agree to them in writing.

2. Quote and order

Prices on our website and budget estimates are non-binding. A contract is formed when the Customer accepts our written quote (for example by signature, purchase order or email confirmation). The quote defines the product (F360 CORE, PLUS, PRO or ENTERPRISE), the area to be captured, deliverables, schedule and price.

3. Services and accuracy

We capture facilities with mobile laser scanning and 360° imagery and deliver the deliverables defined in the quote. Our deliverables are existing conditions documentation (3D laser scanning / reality capture) in a local coordinate system. They are not land surveying: they do not establish boundaries, easements or rights of way, are not referenced to official coordinate or elevation systems, are not intended for permits, staking or legal documents, and are not stamped or certified. Where such services are required, the Customer engages a licensed professional directly.

Under test conditions on a reference area of approx. 500 m² (approx. 5,400 sq ft), our system achieved approx. 5–6 mm (approx. 1/4 in). Under typical site conditions, accuracy is approx. ±1 in. Actual accuracy depends on site conditions such as size, geometry, reflective surfaces, movement and lighting. These figures are non-binding indications, not an agreed quality or a guarantee. A tolerance is binding only if the quote expressly states it as agreed, including the method used to verify it. Statements on our website or in marketing material are not guarantees.

4. Customer obligations

• Provide safe access to all areas to be captured on the agreed dates, including site orientation and information on restricted or hazardous areas.
• Inform employees and other persons on site that the facility is being captured, including 360° imagery.
• Name a contact person who is available during capture.

Additional effort caused by restricted access, waiting times or changes in scope is charged according to the quote or, if not specified there, at our customary rates after prior notice.

5. Prices and payment

All prices are in USD and exclude taxes; any US sales, use or withholding taxes are borne by the Customer. Travel within the USA is included unless stated otherwise in the quote. Unless agreed otherwise, 50% of the price is due on order and the balance net 30 days after delivery. We accept international bank transfer and credit card.

We may start work after receipt of the deposit and may render and invoice partial services where this is reasonable for the Customer. The Customer may set off or withhold payment only for counterclaims that are undisputed, legally established or arise from the same contract, including claims for defects.

6. Delivery and acceptance

We deliver the deliverables in the formats defined in the quote. With delivery, we notify the Customer that the work is complete and set a period of 10 days for acceptance. The deliverables are deemed accepted unless the Customer refuses acceptance in writing within this period, stating at least one defect. We point out this consequence in the delivery notice. Insignificant defects do not entitle the Customer to refuse acceptance. If defects are reported in time, we correct them within a reasonable period.

7. Rights to deliverables and data

Upon full payment, the Customer receives a non-exclusive, perpetual, worldwide and transferable right to use, copy, edit and share the deliverables for any purpose, including sharing them with project partners. The f360Vision viewer is provided under its own license terms.

factory360 may use captured data internally to develop and improve its products and services. Before such use, persons and license plates are made unrecognizable. Section 8 applies to these data: they are not published or disclosed, except to subcontractors bound by confidentiality, and results do not identify the Customer. See our Privacy Policy.

8. Confidentiality

Both parties keep confidential all non-public information they receive from the other party in connection with the project. Separate non-disclosure agreements take precedence.

9. Warranty

If the deliverables do not meet the agreed specifications, we will at our option correct or re-deliver them. If correction fails, the Customer may at its choice reduce the price or withdraw from the contract. Damages are subject to section 10. Claims for defects expire 12 months after acceptance, except in the cases of section 10, paragraph 1, and where Section 634a(1) No. 2 of the German Civil Code (BGB) applies.

10. Limitation of liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, under a guarantee and under the German Product Liability Act.

(2) For simple negligence, we are liable only for the breach of an essential obligation, meaning an obligation whose fulfilment makes proper performance of the contract possible and on which the Customer regularly relies. This liability is limited to the damage that was typical and foreseeable when the contract was made, and in any case to the net order value of the contract concerned.

(3) Otherwise, liability for simple negligence is excluded.

(4) This section also applies to the personal liability of our employees, representatives and agents.

11. Force majeure

Neither party is liable for delays caused by events beyond its reasonable control, such as natural disasters, strikes, pandemics or travel restrictions. Agreed dates are postponed accordingly.

12. Governing law and dispute resolution

These Terms and all contracts with factory360 are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

All disputes arising out of or in connection with a contract with factory360 or its validity shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law. The seat of arbitration is Nuremberg, Germany. The arbitral tribunal consists of a sole arbitrator. The language of the arbitral proceedings is English. The right of either party to seek interim relief from a competent court remains unaffected.

13. Final provisions

Individual agreements (Section 305b BGB) take precedence over these Terms. Amendments must be made in writing; email is sufficient. If any provision is invalid, the remaining provisions remain in effect. These Terms are written in English; the English version is binding.