Terms of Service

Version 1.0 — November 3, 2026 · https://sol3dtours.com/terms/v1.0

Constantin Sold, trading as SOL3D, Schimperstraße 33, 68167 Mannheim, Germany · hello@sol3dtours.com

Part A — Framework

1. Scope; business customers only

1.1 These Terms govern all services of Constantin Sold, trading as SOL3D ("SOL3D"), to its customers (each a "Customer"): free Demos, production of Models and Tours, Hosting, Self-Hosting Packages and related services.

1.2 SOL3D contracts only with businesses (Unternehmer, § 14 BGB) and legal entities under public law, never with consumers. By signing an Order Form, the Customer confirms this, and the signatory confirms their authority to bind the Customer. Orders with US governmental entities require individually negotiated terms.

1.3 These Terms apply exclusively. The Customer's terms — including terms on purchase orders, supplier portals, onboarding documents or click-through screens — do not apply, even if SOL3D does not object, refers to them or performs. They apply only if SOL3D agrees to them in a document signed by SOL3D that names them and refers to this clause 1.3.

1.4 Each version of these Terms has a version number, a date and a permanent web address. The version named in an Order Form governs that Order for its entire term; clauses 14.7, 33 and 44.4 apply to Hosting Plans and Configurator Plans.

1.5 Addenda. The Configurator Terms (Addendum 1, Part I, clauses 40 to 46) and the Data Processing Terms (Addendum 2, Annex C) are separate documents. Each forms part of an Order only if the Order Form names it; SOL3D names Annex C in every Order Form under which it processes personal data on the Customer's behalf (clause 31.4). References in these Terms to Part I or Annex C apply only where it forms part of the Order.

2. Definitions

• "Acceptance" (Abnahme): acceptance, including deemed acceptance, of a Final Tour (clause 9.6), the Configurator Setup or an Exterior Model (clause 43.3). "Approval" (Freigabe): confirmation of a Review Version (clause 9.5).
• "Authorized Dealer": a dealer, builder, sales agent or real-estate agent authorized by the Customer to market or sell its Home Designs.
• "Business Day": Monday to Friday except public holidays in Baden-Württemberg; for periods within which the Customer must act, also except US federal holidays and 24 and 31 December.
• "Customer Materials": all material provided to SOL3D by or for the Customer, such as floor plans, dimensions, style and finish selections, photographs, logos, model names, texts, answers to Dimension Queries and the Option List. "Customer Specifications": those describing a Home Design (floor plans, dimensions, answers, finishes and style).
• "Deliverables": everything SOL3D produces or provides under an Order.
• "Home Design": a house model or floor plan the Customer markets under its own model name.
• "Hosting": the online provision of a Tour or Configurator by SOL3D; "Hosting Plan": paid Hosting after the "Included Hosting Period" of 12 months (clauses 13.1, 14).
• "Model": the furnished 3D model of one Home Design. Each variant (for example mirrored or with another kitchen) is a separate Model (a "Model Variant"); an Exterior Variant (clause 40.2) is not.
• "Order": the contract formed by an Order Form and these Terms (clause 3), including any Hosting Plan or Configurator Plan. "Order Form": the document issued by SOL3D and signed by the Customer that specifies services, Models, fees and dates.
• "Review Version": a Model without computed lighting, or a Configurator, provided for review (clauses 9.1, 43.1); "Final Tour": the completed Tour with computed lighting (clause 9.6).
• "Supported Browsers": the current and the preceding major version of Chrome, Edge, Firefox and Safari on desktop, Safari on iPhone and iPad, and Chrome on Android, on devices with a still-supported operating system, WebGL 2.0 and at least 4 GB of memory. Without WebGL 2.0, the Walkthrough Video plays instead; on other devices, neither is owed.
• "Text Form" (Textform, § 126b BGB): a legible declaration on a durable medium naming its author, in particular email. A submission, Approval, Acceptance or refusal made by a person under clause 6.2 through the review function of a Review Version, Final Tour or Configurator is also in Text Form and received when submitted; SOL3D confirms it by email to the Customer's notice address without undue delay. Within 2 Business Days of that confirmation, the Customer may object in Text Form that it was not made by such a person; it then has no effect, and any Customer period that expired meanwhile ends no earlier than 5 Business Days after the objection.
• "Tour": the interactive web presentation of a Model (dollhouse view and walkthrough) in SOL3D's viewer, with preview image, information panel, credits and "Walkthrough Video" (the video played instead on devices without 3D support).

3. Formation of contracts; precedence

3.1 Statements on SOL3D's website, price lists and presentations are not binding. Website prices are a guide; the price of each Model is set in the Order Form. A Demo shows a typical result; the agreed quality follows from the Order.

3.2 An Order Form issued by SOL3D is a binding offer for 30 days from its date, unless it states another period. The Order is concluded when the Customer signs the Order Form within that period, by hand or electronically, and the signed Order Form reaches SOL3D. A purchase order of the Customer does not change the Order (clause 1.3).

3.3 Each Order is a separate contract; these Terms apply to each without being agreed again.

3.4 In case of conflict, the following prevail in this order: (a) provisions individually negotiated and written into the Order Form; (b) Annex C and any signed data processing agreement, in matters of data protection; (c) the other content of the Order Form, except pre-printed template text that summarizes or refers to these Terms (the provision referred to governs); (d) Schedule 1; (e) Part I, for Configurators; (f) the rest of these Terms. The parties record amendments to an Order in Text Form.

Part B — Production

4. Services

4.1 For each Home Design named in the Order Form, SOL3D builds a furnished Model from the Customer's floor plan, presents it as a Tour that can be embedded with one line of code, and hosts it (Part C). The Order Form specifies the Home Designs, Model Variants, style, finishes and dates.

4.2 Style and finishes. The Order Form names a ready-made style of SOL3D or a custom style set up with the Customer. SOL3D reproduces the specified finishes from its material library as closely as reasonably possible; an exact match is owed only if the Order Form says so. Furniture, décor, appliances and plants are generic pieces from SOL3D's library; they do not depict specific products and do not indicate what is included in the sale of a home.

4.3 How Models are made. SOL3D uses a largely automated process: floor plans are read with the help of artificial-intelligence services (clause 32), and Models are built and checked by software. SOL3D reviews the results and is responsible for its Deliverables whatever tools it uses.

4.4 Not owed. SOL3D gives no architectural, engineering, legal, tax or marketing advice, does not check whether a floor plan is feasible, permitted or code-compliant, and owes no sales result.

4.5 Nature of the services. The production of each Model is a contract for work (Werkvertrag, §§ 631 et seq. BGB); Acceptance relates to the Model and its Final Tour, not to Hosting. 5 % of the fee for a Model is attributable to its Included Hosting Period.

5. Demo

5.1 On request, SOL3D may build one Model of one Home Design free of charge (a "Demo"), without entitlement. SOL3D confirms the request in Text Form with a link to these Terms, which apply once the Customer accepts them in Text Form or uses the Demo. Delivery within 5 Business Days of a usable plan is a target, not a binding date.

5.2 A Demo is provided only as a link to a hosted Tour, for 30 days; no files are handed over. The Customer may use it for its own evaluation, including with employees and Authorized Dealers, but not publish or embed it publicly.

5.3 After 30 days the Demo goes offline, unless the Customer orders a Model of the same Home Design; then it stays online until that Model's Review Version is provided.

5.4 The fee for a Model ordered under clause 5.3 is not invoiced under clause 25.1, and is waived if the Customer pays in full, each within 30 days of invoice, the fees for at least three further Models of the same Order that are not Model Variants. Amounts lawfully withheld for defects or disputed in good faith (clause 25.4) count as paid in time if paid within 30 days after remedy or resolution. Once the condition can no longer be met, SOL3D invoices the fee. That Model counts for the volume price (clause 24.1).

5.5 Unsolicited Demo. SOL3D may build a Demo on its own initiative from a floor plan the Customer publishes as its own, without third-party copyright notice, solely to show it to the Customer. It sends a private link with a link to these Terms, keeps it private and takes it offline on request without undue delay; the Demo states on opening that these Terms apply. If the Customer uses it beyond viewing, these Terms apply. If the Customer accepts these Terms in Text Form or orders a Model of the Home Design, it grants SOL3D, from the creation of the Demo, a non-exclusive right to use the floor plan for the Demo and the Order (clauses 6.5, 23.2 apply). On objection, or if no Order follows within 90 days, SOL3D deletes Demo and plan; clause 21.2 does not apply.

5.6 For a Demo, SOL3D is liable only for intent and gross negligence; clause 28.1 remains unaffected. Otherwise these Terms apply accordingly.

6. Customer Materials and cooperation

6.1 The Customer provides, at its cost and in good time, the Customer Materials needed for each Model, in particular a legible floor plan and the selection of style and finishes, and keeps its own copies.

6.2 The Customer names a contact person who can bind it, in particular to answer Dimension Queries, request revisions and give Approval and Acceptance. SOL3D may rely on declarations of this person and of others the Customer designates in Text Form.

6.3 The Customer answers Dimension Queries and other questions within 5 Business Days and reviews within the periods in clause 9.

6.4 If the Customer's cooperation is late, dates are extended by the delay plus a reasonable restart period. SOL3D's statutory rights remain unaffected (§§ 642, 643 BGB).

6.5 The Customer warrants that it holds all rights in the Customer Materials that SOL3D needs to perform the Order and that the Customer needs to publish the Tours and Configurators — including rights of architects and designers and in logos, fonts, photographs and texts — including hosting them on SOL3D's domains. If a Customer font cannot be hosted there, SOL3D uses a similar openly licensed font.

6.6 Floor plans should contain no personal data (such as buyers' names or addresses); the Customer removes it before sending. Personal data still contained is processed only to perform the Order (clause 31.4, Annex C), and SOL3D removes or masks it before a plan is read with AI services (clause 32).

6.7 If a floor plan cannot be processed with reasonable effort (for example it is illegible or incomplete and Dimension Queries do not resolve this), SOL3D informs the Customer in Text Form. Unless the Customer provides a usable plan within a reasonable period, either party may withdraw from the Order for that Model (Rücktritt), and SOL3D refunds all payments for it.

7. Dimensions

7.1 Responsibility. Dimensions come from the Customer Specifications, for whose accuracy the Customer is responsible. SOL3D does not check them against the house as designed, permitted or built.

7.2 Dimension Basis. Each Model is built to its "Dimension Basis": the dimensions printed on the floor plan, to the extent consistent with each other and with the drawing. Where a printed dimension is contradictory, illegible or ambiguous, or overall dimensions are missing, SOL3D uses, in this order: (i) dimensions on the same sheet outside the house outline; (ii) actual (not nominal or rounded) dimensions the Customer publishes for the Home Design on its website when SOL3D reads the plan — SOL3D records page and date and lists each such dimension with the Review Version, and a correction during review counts as an answer to a Dimension Query without using up the Revision Round; (iii) the answer to a Dimension Query. Answers to Dimension Queries prevail over all other sources, later answers over earlier ones.

7.3 Contradictions. A printed dimension is contradictory if it deviates by more than the Tolerance from the value following from the other printed dimensions or, failing these, from the drawing scaled to the overall dimensions. A contradictory dimension inside the outline that is not confirmed under clause 7.2 is not part of the Dimension Basis.

7.4 Dimension Queries. If a dimension remains uncertain in SOL3D's reasonable judgment after sources (i) and (ii), SOL3D asks the Customer in Text Form (a "Dimension Query") instead of estimating. The answer in Text Form is binding and part of the Dimension Basis; until it arrives, the Model is not completed and dates are extended (clause 6.4). Further dimensions the Customer provides in Text Form rank as answers.

7.5 Plans without dimensions. If a plan has no usable dimensions, the Customer provides at least one (for example the overall length); SOL3D scales the drawing from it, and the Dimension Basis consists only of the dimensions provided and answers to Dimension Queries.

7.6 Tolerance. Each dimension of the Dimension Basis is reproduced within ±2 %, but no more than 6 inches (152 mm) (the "Tolerance"), room dimensions measured as the plan states them, as a rule between finished wall faces. A deviation beyond the Tolerance is a defect (clause 11).

7.7 What follows the drawing. Elements without a printed dimension are built as drawn, at the plan's scale. Each door and window is placed in the wall and position shown, with its printed width or else the closest standard width; one that is missing, in another wall, or displaced by more than the Tolerance applied to its wall's length is a defect.

7.8 Dimensions in the Tour. If the Customer chooses during review, the Tour shows room areas and, for rectangular rooms, width and depth, measured in the Model or, on request, as printed on the plan. They are rounded, approximate interior figures, not square footage under any standard; once approved, they are presented as the Customer's approximate room dimensions.

8. Dates

8.1 Delivery dates are set in the Order Form and are estimates unless designated as binding. If SOL3D exceeds an estimated date by more than 15 Business Days, the Customer may set a reasonable additional period in Text Form; when it expires, SOL3D is in default (Verzug). Website figures (such as "demo within 5 Business Days") are targets, not dates.

8.2 SOL3D may provide Review Versions individually or in batches; Final Tours are provided under clause 9.6.

8.3 Dates begin when SOL3D has received the complete Customer Materials for the Model and any payment the Order Form makes due before production. Within 5 Business Days, SOL3D confirms the start of production in Text Form or names what is missing. Dates are extended under clause 6.4 and by the time Change Requests need.

8.4 If SOL3D misses a binding date or the period under clause 8.1, the statutory rights apply. Withdrawal requires that a reasonable period set in Text Form has expired, unless the law makes it dispensable; the period under clause 8.1 counts. Damages are subject to clause 28.

9. Review, revisions, approval and acceptance

9.1 Review Version. SOL3D first provides each Model as a Review Version by private link, without computed lighting, in which the Customer can walk through, display room dimensions and mark furniture changes.

9.2 Review. Within 10 Business Days of receipt, the Customer checks the Review Version, in particular the dimensions, and sends in one consolidated submission (a) any deviations from the Order, including dimensions outside the Tolerance, and (b) its requests for the Revision Round.

9.3 Revision Round. Each Model includes one Revision Round: removing, turning, moving or replacing furniture and décor within the chosen style. Changes to floor plan, geometry, finishes or style beyond the Order are Change Requests (clause 10); further rounds are quoted in advance. Correcting deviations under clause 9.2(a) does not use up the Revision Round.

9.4 SOL3D implements the revisions and provides an updated Review Version, which the Customer checks within 5 Business Days. A request not implemented as submitted is corrected free of charge.

9.5 Approval. When the Review Version is in order, the Customer approves it in Text Form. Approval fixes layout, finishes and style; SOL3D then computes the lighting, and later changes to approved items are Change Requests. If the Customer neither approves nor submits within the periods in clauses 9.2 and 9.4, SOL3D may set a final period of 10 Business Days in Text Form, stating the consequences; afterwards SOL3D may complete the Model on the last Review Version and provide the Final Tour, and an unused Revision Round lapses. Approval and this procedure do not affect rights for defects.

9.6 Final Tour and Acceptance. After Approval, SOL3D provides the Final Tour by private link and sets a period of 10 Business Days, within which the Customer accepts in Text Form or refuses Acceptance naming at least one defect. The Final Tours of Models ordered in the same Order Form are provided together with one joint period. The message providing the Final Tour states in bold that silence counts as Acceptance and on which date. If the Customer does neither, SOL3D repeats this bold notice in Text Form at least 3 Business Days before the period ends; if the Customer still does neither, the Final Tour is deemed accepted at the end of the period (§ 640(2) BGB). Acceptance may not be refused for insignificant defects (unwesentliche Mängel), which SOL3D corrects under clause 11. If the Customer refuses naming only insignificant defects or matters that are not defects (clauses 7.6, 11.2), SOL3D may set a further period of 5 Business Days with the same bold notice; if the Customer does not accept within it, the Final Tour is deemed accepted at its end, and the Customer may retain an appropriate part of the fee until the named defects are remedied (§ 641(3) BGB). If Acceptance is refused for a defect, SOL3D remedies it and provides the Final Tour again under this clause. SOL3D confirms the date of Acceptance in Text Form.

9.7 Going live. SOL3D enables public use of a Tour after Acceptance, which the Customer may declare together with the request to go live. The Included Hosting Period begins on the day of Acceptance.

10. Change Requests

10.1 Any change beyond the Order is a Change Request, in particular a new or revised floor plan (including revisions of a Home Design during or after production; a revision after Acceptance is not a defect), changes to finishes or style, furniture revisions after the Revision Round, and changes to approved items.

10.2 SOL3D quotes price and effect on dates in Text Form and carries out the Change Request once the Customer accepts the quote in Text Form; a quote not accepted within 10 Business Days lapses. Until then SOL3D continues on the existing scope. SOL3D may decline Change Requests it cannot reasonably carry out.

11. Defects

11.1 Freedom from defects. A Model is free of defects (mangelfrei) if it conforms to the Order, in particular if (a) the Dimension Basis is reproduced within the Tolerance and doors and windows are placed under clause 7.7; (b) style and finishes are applied within clause 4.2; (c) the Final Tour corresponds to the approved Review Version apart from lighting; and (d) the Tour works in the Supported Browsers and the Walkthrough Video plays on devices without 3D support.

11.2 Not defects are in particular: (a) deviations within the Tolerance or caused by the Customer Specifications; (b) differences from a real house, show home or later edition; (c) the representative elements in clause 12.2 and screen-related color differences; (d) approved furniture and décor; (e) impairments caused by the Customer's website, third-party changes or unsupported browsers; and (f) brightness, color temperature, mood and time of day of the lighting, unless the Order Form specifies them — lighting is defective only if it shows technical errors such as light leaking through closed surfaces, visible noise or banding, or completely dark areas that a window, opening or light fixture would light.

11.3 Notification. The Customer reports defects in Text Form so that SOL3D can find them, where possible naming room and view.

11.4 Supplementary performance. SOL3D remedies defects free of charge within a reasonable period, at its choice by correcting or rebuilding the Model, including any new lighting (Nacherfüllung).

11.5 Further rights. If supplementary performance fails, is refused or is unreasonable, or a reasonable period set for it has expired, the Customer may reduce the fee for the Model (Minderung) or, unless the defect is insignificant, withdraw for that Model (Rücktritt). Otherwise §§ 634 to 639 BGB apply; damages are subject to clause 28.

11.6 Limitation period. Claims for defects become time-barred one year after the statutory start of the limitation period, except claims for injury to life, body or health, claims based on intent or gross negligence, claims under the Product Liability Act, fraudulently concealed defects and guarantees (clause 39.2), for which the statutory periods apply.

11.7 Unjustified reports. If the Customer could have recognized with reasonable care that a reported defect does not exist or is not SOL3D's responsibility, SOL3D may charge its reasonable cost of investigation.

11.8 Hosting. For defects of Hosting, the statutory provisions apply, including reduction of fees; damages are subject to clause 28.

12. Illustrative nature of Tours

12.1 Tours are illustrative marketing visualizations. They must not be used as construction documents or for permits, engineering, cost estimates, material orders or appraisals, or as a specification of the home towards buyers (exception for Configurators: clause 41.4).

12.2 Furniture, décor, appliances, finishes, colors, lighting, daylight, views and surroundings in a Tour are representative; they do not indicate features included in a home, and the daylight is not a solar study.

12.3 Every Tour shows the notices in Annex B, Part 1, which the Customer must not remove, cover or alter; the Walkthrough Video shows the loading-screen notice at its start. The Customer presents Tours and videos as illustrative.

12.4 The Customer is responsible for its advertising and statements to buyers, including advertising, consumer protection and real-estate disclosure laws. Where an Authorized Dealer that is a real-estate licensee uses a Tour to advertise a specific property, the Customer informs its dealers in Text Form that Tours are digitally created images and requires them to make any disclosure required for such images.

Part C — Hosting

13. Hosting

13.1 Included Hosting Period. SOL3D hosts each Tour for 12 months from Acceptance; this is covered by the fee for the Model.

13.2 Scope. Hosting comprises delivery of the Tour, preview image and Walkthrough Video under a SOL3D domain; an embed code (iframe) with help by email; browser maintenance (clause 13.3); and minor corrections free of charge within a reasonable scope, namely changes that need no new lighting (starting view, walkthrough points, room names, labels, texts). Changes needing new lighting are Change Requests.

13.3 Browser maintenance. SOL3D keeps each hosted Tour usable in the Supported Browsers and adapts its viewer within a reasonable time when new browser versions require it.

13.4 Attribution and notices. Every Tour shows a small "powered by SOL3D" mark and an information button with the notice in Annex B, Part 1, the credits for Third-Party Assets and links to SOL3D's imprint and privacy policy. The Customer must not remove, hide or alter them by any means.

13.5 Availability. SOL3D hosts Tours on its hosting provider's globally distributed network and aims for high availability, but does not promise uninterrupted availability. SOL3D is not responsible for interruptions caused by (a) maintenance announced in Text Form at least 2 Business Days ahead, up to 4 hours per month; (b) networks or systems outside the control of SOL3D and its hosting provider; (c) force majeure (clause 29); or (d) suspensions under clauses 13.10, 23.3, 25.4 or 36. SOL3D reports known outages without undue delay and remedies them as quickly as reasonably possible. Statutory rights for significant unavailability for which SOL3D is responsible remain unaffected; damages are subject to clause 28.

13.6 Fair use. Hosting covers normal use by human visitors; Tours may be embedded only as a whole through the embed code. SOL3D may block automated access, direct file access, unauthorized third-party embedding and harmful traffic. On request in Text Form, SOL3D blocks embedding on sites the Customer names within 2 Business Days.

13.7 No cookies; limited evaluation. The viewer sets no cookies and stores nothing on the visitor's device. SOL3D does not track, profile or identify visitors of Tours and Configurators under an Order; it evaluates its hosting provider's logs only on the Customer's behalf to report aggregated view counts, and neither it nor (as far as the provider's service permits) its provider keeps full IP addresses from these logs beyond 7 days. Cookies, device storage, tracking or profiling require the Customer's prior consent in Text Form; a security cookie of the hosting provider strictly necessary for delivery may be introduced only under clause 13.8 with 30 days' notice in Text Form.

13.8 Technical changes. SOL3D may change the technical implementation of Hosting (viewer, providers, formats, domains) for a valid reason such as security, law, technical progress or a provider's discontinuation, if the agreed functionality is preserved and the change is reasonable for the Customer. If embed codes must change, SOL3D gives 60 days' notice in Text Form, provides new codes free of charge and, where possible, redirects old addresses for at least 90 days. If a change nevertheless materially impairs the Customer's use, the Customer may end the affected Hosting from the change, and SOL3D refunds pro rata fees paid in advance, including the part of the Model fee attributable to the remaining Included Hosting Period (clause 4.5).

13.9 Accessibility. SOL3D takes reasonable steps to make viewer and Configurator controls usable by keyboard and screen reader where technically feasible; a Configurator also shows selected Options and price as text, and each Tour lists its rooms as text. SOL3D does not warrant conformance of 3D content with any accessibility standard; the Customer is responsible for its own websites and for offering buyers other ways to get information.

13.10 Suspension. SOL3D may temporarily disable a Tour, Configurator, price display or Inquiry sending as far as necessary to avert a substantial legal risk or security threat, informing the Customer without undue delay with reasons, and restores it as soon as the reason ceases.

14. Hosting after the Included Hosting Period

14.1 Reminder. At least 30 days before an Included Hosting Period ends, SOL3D informs the Customer in Text Form of the end date, the price and how to continue (or, if continuation is already ordered, of the addition to the Hosting Plan, the new fee and how to cancel). If the reminder is late, the grace period (clause 15.2) ends no earlier than 30 days after it.

14.2 Continuation is optional. Hosting continues only if the Customer orders a Hosting Plan: in the Order Form, with the statement in clause 14.4 shown conspicuously and initialed; in Text Form; or on a payment page that names the Models, states above the payment button that the plan renews automatically and how to cancel, and requires ticking an unticked box agreeing to these Terms. Paying an invoice alone does not order a Hosting Plan.

14.3 Fee. The fee (Schedule 1) is charged per Customer per block of five Models in paid Hosting or part thereof, monthly or annually in advance at the Customer's choice.

14.4 Automatic renewal. A HOSTING PLAN RENEWS AUTOMATICALLY FOR SUCCESSIVE BILLING PERIODS OF THE SAME LENGTH (ONE MONTH OR ONE YEAR) UNTIL IT IS CANCELED. THE CUSTOMER MAY CANCEL AT ANY TIME, WITH EFFECT FROM THE END OF THE CURRENT BILLING PERIOD, IN TEXT FORM. For annual billing, SOL3D sends a reminder in Text Form 15 to 30 days before each renewal, stating date, price and how to cancel.

14.5 Adding and removing Models. Additions are charged pro rata for the current period; removals take effect at its end.

14.6 Price changes. SOL3D may raise the fee from a renewal date, at most once in 12 months and by at most 10 %, with 60 days' notice in Text Form stating the new fee, its start and the right to cancel; it does not apply if the Customer cancels before. The fee for the Included Hosting Period cannot be changed.

14.7 One Hosting Plan per Customer. A Customer has one Hosting Plan for all its Models in continued Hosting. It is governed by the version of these Terms named in the Customer's most recent signed Order Form, from the first renewal date after signing; that Order Form highlights the changes affecting the plan. For clause 25.5 the plan counts as one Order, and clauses 27.5 and 27.7 apply to it as to an Order.

15. End of Hosting

15.1 Hosting of a Tour ends when the Included Hosting Period expires without a Hosting Plan, when a Hosting Plan is canceled, when the Customer ends it (clause 27.3), when SOL3D ends it under clause 17, or when the Order is terminated for that Tour.

15.2 Grace period. The Tour stays online free of charge for 30 days after Hosting ends; SOL3D reminds the Customer in Text Form. During this period the Customer may order a Hosting Plan or a Self-Hosting Package without interruption; staying online creates no Hosting Plan. This does not apply where Hosting ends under clause 17.

15.3 Going offline. After the grace period, SOL3D takes the Tour, preview image and Walkthrough Video offline; the embed code then shows a neutral notice.

15.4 Reactivation. For 12 months after going offline, SOL3D keeps the Model's data and can reactivate the Tour without a new production fee, against the Hosting Plan fee (for a Configurator: the Configurator Plan fee) from reactivation. After that SOL3D may delete the data.

15.5 The right to use a hosted Tour ends when it goes offline (clause 19.4); the Customer then removes the embed codes.

15.6 Data Act. Where Regulation (EU) 2023/2854 (Data Act) applies, the Customer's rights under it remain unaffected, and it may switch providers with a notice period of no more than two months. The exportable data are the Customer Materials, which SOL3D returns free of charge in their original formats within 30 days of a request and then deletes (clause 21.5). Tour, Model and viewer are SOL3D's works, not exportable data.

16. Self-Hosting Package

16.1 For each accepted and fully paid Model (not a Demo), the Customer may buy a "Self-Hosting Package" at the price in Schedule 1 while the Tour is hosted, during the grace period or during the reactivation period (clauses 15.2, 15.4).

16.2 It contains the files of the Tour as hosted at purchase (viewer, model data, preview image, Walkthrough Video, notice, credits) and installation instructions. The Customer may run it on its own or its providers' servers for the Permitted Use; clauses 20 and 22 apply, and the Customer keeps notice, credits and "powered by SOL3D" mark intact.

16.3 It includes no further services (no Hosting, corrections, maintenance or updates); corrections are charged as quoted in advance. Defects of the package as delivered are governed by clause 11. The Customer is responsible for its operation, security and legal compliance, including privacy notices.

16.4 Buying a Self-Hosting Package does not end Hosting; clause 14.4 applies.

17. Discontinuation of Hosting by SOL3D

17.1 SOL3D may discontinue its hosting service as a whole with at least 90 days' notice in Text Form. Each Customer then receives free of charge a Self-Hosting Package for each Model in Hosting, at least 30 days before Hosting ends (for Models accepted later, on Acceptance), and a pro rata refund of fees paid in advance for the period after Hosting ends, including the part of the Model fee attributable to the remaining Included Hosting Period (clause 4.5). The Customer may withdraw, without setting a period, from its Orders for Models, Exterior Models and the Configurator Setup not yet accepted, with refund of payments for them; SOL3D may do so for Models whose production it has not yet confirmed (clause 8.3). Configurator Plans end when Hosting ends, irrespective of any minimum term (clause 44.5).

17.2 Otherwise SOL3D may end Hosting during an Included Hosting Period only under clauses 17.3, 27.5, 29.2 and 36 and Annex C, item C.5. SOL3D may terminate an individual Hosting Plan with 90 days' notice to the end of a billing period; the Customer then receives the Self-Hosting Packages for the Models concerned free of charge.

17.3 Death or incapacity. If SOL3D cannot continue Hosting because its owner has died or been unable to work for more than 60 days, clause 17.1 applies, without SOL3D's right of withdrawal, except that the Self-Hosting Packages are provided within 30 days. If the owner is temporarily unable to work, non-binding dates are extended by no more than 30 days in total, binding dates are not, clause 29.2, third sentence, applies accordingly, and Hosting continues.

Part D — Rights

18. Ownership

18.1 SOL3D and its licensors retain all rights, in particular copyrights and database rights, in the Deliverables (excluding Customer Materials), SOL3D's production data, viewer, Configurator and other software, and production process. The Customer receives only the rights expressly granted in clauses 19 and 44.6.

18.2 The Customer retains all rights in the Customer Materials and the Home Designs; nothing in these Terms transfers them to SOL3D. SOL3D uses Deliverables and production data that contain or depict them only under clause 21 and never to build models for anyone else. This does not apply to furniture, décor and materials SOL3D makes for a Model, including pieces made to measure, which become part of SOL3D's library, provided they do not reproduce a Home Design, logo, photograph or other Customer Materials.

19. License to the Customer

19.1 Grant. Upon full payment of the fees for a Model, SOL3D grants the Customer a non-exclusive (einfaches Nutzungsrecht), non-transferable, worldwide right to use its Tour for the Permitted Use for the term in clause 19.4.

19.2 Permitted Use. The Customer may use the Tour (the "Permitted Use") to market and sell the Home Design it depicts, in particular (a) by embedding it on websites, shops, listing portals and social media pages operated by or for the Customer; (b) by allowing Authorized Dealers to do so for the same Home Design; (c) in show homes, showrooms and trade shows; and (d) in sales calls, presentations and messages to prospective buyers, including by sending the link. The Walkthrough Video is not provided as a file. Other uses (stills, separate videos, print) require agreement in the Order Form.

19.3 Authorized Dealers. Dealers' rights are non-transferable, cannot be sublicensed and end with the Customer's right. The Customer binds its dealers to clauses 12, 13.4, 20 and 31.3 (for Configurators also 41.4 and 45.3) and is responsible for their use as for its own.

19.4 Term. For a hosted Tour, the right lasts until the Tour goes offline (clause 15.3); for a Self-Hosting Package, it is perpetual. Use for a Home Design no longer sold is permitted if presented as such.

19.5 Before full payment, SOL3D allows use of an accepted Tour for the Permitted Use on a revocable basis; it may revoke this only for Tours to which an unpaid amount relates and only under clause 25.4.

19.6 Clauses 18 to 20 also apply contractually where no intellectual property right subsists in a Deliverable.

20. Restrictions

20.1 Unless these Terms permit it, the Customer must not, and must not allow others to: (a) download, extract, copy or reconstruct geometry, textures, model data or code of a Tour beyond normal browser display, or decompile or reverse-engineer the viewer, except where mandatory law permits; (b) sell, rent or license a Tour or part of it, or offer it as a 3D asset or separate product; (c) use it for any purpose in clause 12.1 (subject to clause 41.4); (d) use it for a home other than the Home Design depicted; (e) use Deliverables to train, fine-tune or evaluate AI or machine-learning systems or to build datasets, including by text and data mining (§ 44b UrhG), which SOL3D reserves; (f) remove or alter the elements in clause 13.4; or (g) circumvent technical protection measures.

20.2 In case of a breach by the Customer or an Authorized Dealer, SOL3D may request in Text Form that it be stopped within a reasonable period, as a rule 14 days. Further rights (clause 27.5) remain unaffected.

21. Customer Materials

21.1 License to SOL3D. The Customer grants SOL3D a non-exclusive, non-transferable right to use the Customer Materials as needed to perform the Orders, including processing by the providers in clause 32 and, for Hosting, making available the model names and other Customer Materials in a Tour.

21.2 Know-how and quality assurance. SOL3D may use general know-how gained from Orders to improve its services if this discloses no Customer Materials and does not identify the Customer. Unless the Customer objects in the Order Form or in Text Form, SOL3D may also keep floor plans, its readings and the resulting Models, with personal data removed or masked, for the business relationship and three years after the last Order, and use them internally to test and measure its process — never disclosed except to providers under clause 32, never for AI training, never to build models for anyone else.

21.3 No AI training. SOL3D does not use Customer Materials to train AI models and uses AI services only on terms excluding training by the provider (clause 32.2).

21.4 Reference use. Only with the Customer's prior consent in Text Form (for example by tick box in the Order Form) may SOL3D use as a reference (a) the Customer's name and logo; (b) its Tours and stills and short videos of them, never before the Customer has published the Tour; and (c) statements in wording the Customer has approved, with name and title of the person quoted if the Customer confirms that person's consent. Consent may be withdrawn for the future unless the Order Form sets a minimum period; SOL3D then removes the material from its website within 30 days and stops using it in new materials. A quoted person may withdraw the use of their name at any time.

21.5 Retention and deletion. SOL3D keeps Customer Materials and Model data as long as needed for the Orders, reactivation (clause 15.4), clause 21.2 and limitation periods. On request in Text Form it deletes what it no longer needs and confirms this; data in backups that cannot reasonably be deleted are excluded from use and deleted in the regular course. Statutory retention duties remain unaffected.

22. Third-Party Assets

22.1 Models contain furniture models, textures, fonts, software libraries and other third-party content ("Third-Party Assets") licensed for commercial use, in particular under CC0 and CC BY; SOL3D uses no assets under non-commercial, no-derivatives or share-alike licenses. The required credits are generated automatically and shown in every Tour (clause 13.4).

22.2 Creative Commons-licensed assets remain subject to their license; nothing in these Terms restricts rights under it, clause 20 applies to them only as far as the license permits, and SOL3D applies no technical measure the license prohibits.

23. Third-party claims

23.1 Claims against the Customer. If a third party claims that the Customer's use of a Tour, Configurator or Exterior Model in accordance with these Terms infringes its rights, the Customer informs SOL3D in Text Form without undue delay, does not acknowledge the claim without SOL3D's consent, and, as far as legally possible, lets SOL3D conduct the defense at SOL3D's own cost. If the claim is justified, SOL3D at its choice and cost modifies or replaces the affected part without materially impairing it, or obtains the rights (Rechtsmangel). If neither is possible with reasonable effort, the Customer has the rights under clause 11.5, and SOL3D may withdraw for the affected Model, refunding its fee less compensation for use pro rata over 36 months from Acceptance unless either party proves a different value (§ 346 BGB). Other damages, including the Customer's own defense costs, are subject to clause 28. This clause does not apply to claims based on Customer Materials, the Home Design, or content or specifications the Customer provided or chose; for these, clauses 6.5 and 23.2 apply.

23.2 Claims against SOL3D. The Customer indemnifies (freistellen) SOL3D against third-party claims, including reasonable costs of legal defense, arising from (a) Customer Materials, including the Option List, prices, descriptions, logos, fonts, photographs and texts, or their use in accordance with these Terms; (b) the Customer's homes, sales, advertising, pricing and statements to buyers, including prices and descriptions in a Configurator; (c) the collection, use and follow-up of Inquiries by the Customer or its Authorized Dealers, including under telemarketing, email marketing and privacy laws; (d) the Customer's websites, including their accessibility; or (e) use of a Tour or Configurator by the Customer or its Authorized Dealers in breach of these Terms or the law — except to the extent the claim arises from a breach of SOL3D's obligations, from SOL3D's own processing of personal data, from the viewer or Configurator software, or from text or functions SOL3D determines, and unless the Customer proves it is not responsible for the circumstances giving rise to the claim (§ 276 BGB). SOL3D informs the Customer of such a claim in Text Form without undue delay, does not acknowledge or settle it without the Customer's consent and, at the Customer's request and cost, leaves the defense to the Customer or coordinates it with the Customer. § 254 BGB applies; further statutory claims remain unaffected.

23.3 Notices from rights holders; DMCA. Infringement notices can be sent to hello@sol3dtours.com; SOL3D's DMCA designated agent is published at https://sol3dtours.com/dmca. SOL3D makes content unavailable without undue delay on a notice meeting 17 U.S.C. § 512(c)(3), or otherwise substantiated where the infringement is obvious, informs the Customer in Text Form with reasons and means of redress (Art. 17 Regulation (EU) 2022/2065), and handles counter-notices under 17 U.S.C. § 512(g). It also restores content if the Customer shows the notice is unfounded. SOL3D may end Hosting for repeat infringers (clause 27.5) and does not represent that the safe harbor of 17 U.S.C. § 512 applies.

Part E — Fees and payment

24. Fees

24.1 Fees are set in the Order Form and are stated and payable in US dollars only; § 244 BGB does not apply. Volume prices apply to the number of Models in one Order Form. If Models are terminated under clause 27.2 before SOL3D has confirmed the start of their production, or withdrawn from under clause 30.3, the remaining Models are recalculated at the volume price for their number and SOL3D may invoice the difference; there is no recalculation where SOL3D is responsible for the withdrawal or termination. The fee of a Model Variant is the percentage of its base Model's fee stated in the Order Form.

24.2 Fees for Hosting Plans and Self-Hosting Packages are set in Schedule 1 unless the Order Form provides otherwise. Change Requests, further revision rounds and corrections of Self-Hosting Packages are quoted in advance in Text Form and become binding on acceptance in Text Form.

24.3 Fees include all of SOL3D's costs (software, computing, Third-Party Assets). Travel and other expenses are charged only if agreed in the Order Form.

25. Invoicing, payment and default

25.1 Payment schedule. Unless the Order Form provides otherwise, SOL3D invoices 100 % of the fee for each Model on its Acceptance, with its embed code. Models ordered in the same Order Form are accepted together (clause 9.6) and invoiced together; SOL3D may combine several Models in one invoice. Models withdrawn from or terminated are invoiced under the clause governing the withdrawal or termination. Hosting Plans are invoiced in advance for each billing period.

25.2 Payment. Invoices are payable within 14 days of receipt, by bank transfer to the account in the invoice or another method SOL3D offers. Payment is made when the full amount is credited. The Customer bears its own and intermediary bank charges and any currency conversion on its side.

25.3 Default. The Customer is in default no later than 30 days after receipt of an invoice (§ 286(3) BGB); statutory default interest and the statutory lump sum (§ 288(2), (5) BGB) apply, the lump sum payable in US dollars at the ECB reference rate on the day default begins.

25.4 Suspension. If the Customer is in default with an amount that is not insignificant, SOL3D may, after a reminder in Text Form setting at least 14 days and announcing the suspension, suspend work on the Order concerned and take offline the Tours and Configurators to which the unpaid amounts relate until paid in full, and restores them without undue delay after payment. Amounts disputed in good faith in Text Form with reasons do not count if the undisputed part is paid.

25.5 Set-off and retention. The Customer may set off only claims that are undisputed, finally established, or arise from the same Order (in particular for defects or costs of completion), and may retain payment only for claims from the same Order; §§ 320 and 641(3) BGB and the right to reduce fees remain unaffected.

26. Taxes

26.1 All fees are net. For Customers established outside Germany, the place of supply is at the Customer's place of business (§ 3a(2) UStG) and SOL3D charges no German VAT; for Customers in Germany, SOL3D adds VAT where due (it currently applies § 19 UStG and charges none). The Customer bears and self-assesses any value added, sales, use or similar taxes in its country; if SOL3D is required by law to collect them, it adds them to the invoice.

26.2 Payments are made without tax deduction unless required by law. SOL3D provides a Form W-8BEN on request so that no withholding is required under the Germany–US tax treaty. If a deduction is nevertheless required, the Customer provides the official receipts. If the Customer withholds tax although SOL3D has provided a valid Form W-8BEN claiming treaty benefits, it pays the additional amount needed for SOL3D to receive the full fee, unless it reimburses the over-withheld amount under Treas. Reg. § 1.1461-2 within 60 days.

Part F — Term, liability

27. Term and termination

27.1 Each Order runs until all services under it are performed; Hosting runs as set out in Part C.

27.2 Termination of production by the Customer. Until a Model is completed, the Customer may terminate the Order for that Model at any time (§ 648 BGB). SOL3D is then entitled to the agreed fee less saved expenses and what it earns or in bad faith fails to earn elsewhere. Instead, SOL3D may claim a lump sum of the Model's fee: (a) 5 % if the notice reaches SOL3D before it has confirmed the start of production (clause 8.3); (b) 40 % after that but before the Review Version is provided; (c) 80 % afterwards. The Customer may prove that SOL3D is entitled to nothing or substantially less; SOL3D may prove more. Payments made are credited; any excess is refunded within 14 days.

27.3 Hosting. The Customer may end the Hosting of a Tour at any time in Text Form; during the Included Hosting Period the Model fee remains payable, less the expenses SOL3D saves. SOL3D may end Hosting only under clauses 17, 27.5, 29.2, 36, 44.4 and Annex C, item C.5.

27.4 No other termination rights. Neither party may terminate an Order except as provided in these Terms or for good cause (clause 27.5); the rights of withdrawal in these Terms remain unaffected.

27.5 Good cause. Each party may terminate an Order, in whole or in part, for good cause without notice (§§ 314, 543, 648a BGB). Good cause for SOL3D exists in particular if, after a reminder in Text Form with 14 days to pay, (a) the Customer is in default with plan fees for two consecutive billing periods or with at least two monthly fees, or (b) more than 30 days in default with a production fee that is not insignificant — then only for the Models concerned; or if (c) the Customer seriously or repeatedly breaches clause 20, or a dealer does so and neither the Customer (clause 20.2) nor blocking the dealer (clause 13.6) stops it — then only for the Tours concerned unless the breach is the Customer's own; or (d) the Customer's Tours or Configurators have repeatedly been subject to justified infringement notices (clause 23.3) arising from Customer Materials or use by the Customer or its dealers.

27.6 Notices of termination must be in Text Form.

27.7 Effects. Claims already arisen are unaffected. Rights to use accepted and paid Tours continue under clause 19.4 and, after Hosting ends, with a Self-Hosting Package. Hosting of a Tour ends only if the termination concerns that Tour or its plan, when the termination takes effect; clause 15 applies, but without grace period after termination by SOL3D for good cause. Provisions that by their nature are intended to survive, in particular clauses 11, 12, 15 to 26, 27.2, 27.7, 28 to 39, 41.4, 41.5, 42.2, 44.5, 45, Schedule 1 and Annex C, survive.

28. Liability

28.1 Unlimited liability. SOL3D is liable without limitation (a) for intent and gross negligence (Vorsatz und grobe Fahrlässigkeit) of SOL3D, its legal representatives and vicarious agents (Erfüllungsgehilfen); (b) for injury to life, body or health; (c) under the Product Liability Act; (d) for fraudulently concealed defects; and (e) under an express guarantee (clause 39.2).

28.2 Slight negligence. For slight negligence (einfache Fahrlässigkeit), SOL3D is liable only for breach of an essential contractual obligation (wesentliche Vertragspflicht) — one whose fulfillment makes proper performance of the Order possible, whose breach jeopardizes the purpose of the Order, and on which the Customer regularly relies and may rely, such as delivering Models in accordance with the Dimension Basis and keeping Tours available as agreed — and only for damage typical for the contract and foreseeable at conclusion of the Order.

28.3 Maximum amount. In the cases of clause 28.2, liability for each event causing damage is limited to the highest of (a) USD 5,000; (b) the total fees paid or payable under all Orders, including the Hosting Plan, in the 12 months before that event; and (c) the fees for the Models affected by that event. SOL3D's total liability under clauses 28.2 and 28.3 for all events in a contract year, under all Orders together, is limited to the higher of USD 25,000 and the fees paid or payable in that contract year. A contract year begins on the date of the first Order and on each anniversary.

28.4 Exclusion. Apart from clauses 28.1 to 28.3, SOL3D is not liable for slight negligence.

28.5 Hosting defects at conclusion. To the extent rental law applies to Hosting, strict liability for defects existing at conclusion of the contract (§ 536a(1), first alternative BGB) is excluded; liability for fault is governed by clauses 28.1 to 28.4.

28.6 Persons. Clauses 28.2 to 28.5 also apply to the personal liability of SOL3D's employees, representatives and vicarious agents.

28.7 Limitation period. Other claims of the Customer for damages or expenses become time-barred one year after the statutory start of the limitation period (§ 199 BGB), with the exceptions listed in clause 11.6.

29. Force majeure

29.1 Neither party is liable for non-performance or delay caused by events beyond its reasonable control that it could not avert with reasonable effort, such as natural disasters, epidemics, war, terrorism, cyber attacks not preventable by state-of-the-art security, strikes beyond its own business, governmental measures, and large-scale outages of public networks or internet infrastructure outside the sphere of the party and its providers.

29.2 The affected party informs the other without undue delay; its obligations are suspended for the duration plus a reasonable start-up period. If the event lasts more than 60 days, either party may terminate the affected part of the Order in Text Form. Payment for services already performed remains due.

Part G — Confidentiality, data protection, service providers

30. Confidentiality

30.1 Each party keeps confidential, and uses only for the Orders, information of the other that is marked or evidently confidential, in particular unpublished Home Designs, floor plans, Models, Tours, prices and Order terms — except information that is or becomes public without breach, was already known or independently developed, or lawfully received from a third party without confidentiality duty. A Tour the Customer has published is no longer confidential.

30.2 Each party may disclose confidential information to employees, service providers and advisers who need it and are bound to confidentiality, and where required by law to authorities and courts, informing the other in advance where lawful. On request, the recipient returns or deletes information it no longer needs, subject to backups and statutory retention.

30.3 Rented computing. Floor plans may be processed by the AI services in clause 32.1 on terms excluding training and limiting the provider's use to the service, security and legal compliance. SOL3D may process Model data without personal data on rented computing capacity (clause 32.1), encrypted in transit, only in data centers verified by the platform, and deleted from the machine after the computation. Home Designs that the Order Form or the Customer in Text Form designates as not yet published are computed there only with the Customer's consent in Text Form:

(a) Demo. SOL3D's Demo confirmation (clause 5.1) states that it is computed on rented capacity; sending or confirming the plan afterwards is consent. Without consent, SOL3D may decline the Demo.

(b) Before start of production. Without consent, SOL3D states within 5 Business Days of receiving the plan, the Order or the designation (whichever is latest) whether and by when it can compute these Models on its own equipment, and dates are extended accordingly. If it cannot, or the Customer does not accept the new dates in Text Form within 10 Business Days, either party may withdraw for these Models (Rücktritt), with full refund.

(c) After start of production (clause 8.3), the designation applies only to computations not yet begun. Within 5 Business Days, SOL3D states in Text Form either the additional time it needs on its own equipment, by which the dates are extended, or that it cannot compute it there; in that case clause 27.2 applies as if the Customer had terminated on the day of the designation, unless it consents within 5 Business Days, which extends the dates by the time until consent. If SOL3D makes neither statement in time or misses the extended dates, clauses 8.1 and 8.4 apply.

30.4 These obligations last three years after the last Order or, without an Order, the last disclosure; for trade secrets, as long as they remain such.

31. Data protection

31.1 Each party complies with the data protection laws that apply to it, including the GDPR and applicable US privacy laws.

31.2 Contact data. SOL3D processes contact data of the Customer's employees as controller to perform the Orders, under its privacy policy at https://sol3dtours.com/privacy.html.

31.3 Delivery of Tours. When a Tour is opened, SOL3D and its hosting provider process the technical data needed to deliver it and keep it secure, in particular the IP address. The Customer informs visitors on its websites and makes its Authorized Dealers do the same (suggested text: Annex B, Part 2). Under US state privacy laws, SOL3D acts for these data as the Customer's service provider (Annex C). Where the Customer is subject to the GDPR, the parties are joint controllers for the collection and transmission caused by embedding (Art. 26 GDPR): SOL3D fulfils all obligations except informing visitors, including answering data subject requests, which the Customer forwards without undue delay. Otherwise SOL3D is sole controller under the GDPR. SOL3D uses these data only for the purposes in this clause and clause 13.7.

31.4 Processing on behalf of the Customer. Annex C (clause 1.5) governs where SOL3D processes personal data on the Customer's behalf: (a) personal data in Customer Materials, (b) Inquiries (clause 45), and (c) visitors' technical data under clause 31.3 as far as US state privacy laws apply.

32. Service providers and artificial intelligence

32.1 SOL3D uses service providers and is responsible for them as for itself. As of this version, these include:

SOL3D names full company names and addresses on request and informs the Customer in Text Form before adding a provider that receives Customer Materials or personal data processed on the Customer's behalf.

32.2 AI. SOL3D uses AI services only on terms or settings under which the provider does not train on the content submitted. AI results are checked by SOL3D's software and by SOL3D before they become part of a Deliverable.

32.3 For processing outside the EEA, SOL3D ensures the safeguards of Chapter V GDPR.

Part H — Final provisions

33. Changes to these Terms

33.1 A new version of these Terms applies only to Orders concluded on its basis; existing Orders keep the version they name.

33.2 For a running Hosting Plan or Configurator Plan, SOL3D may offer a new version in Text Form at least 60 days before a renewal date, highlighting the changes. It applies from that date only if the Customer agrees in Text Form; silence is not agreement. Otherwise the previous version continues, and SOL3D may terminate the plan under clause 17.2 or 44.4.

34. Notices

34.1 Notices and declarations under an Order, including termination, must be in at least Text Form and sent to the addresses in the Order Form (for SOL3D, hello@sol3dtours.com suffices). An email sent to the notice address on a Business Day before 5 p.m. local time of the recipient is received that day, otherwise on the next Business Day, unless the sender receives a non-delivery notice.

34.2 Each party informs the other without undue delay of changes to its contact details.

35. Assignment and subcontracting

35.1 The Customer may assign rights under an Order only with SOL3D's consent, not to be unreasonably withheld, but may transfer an Order as a whole to a successor acquiring the business concerned by notice in Text Form. § 354a HGB remains unaffected.

35.2 SOL3D may transfer all its rights and obligations under the Orders (Vertragsübernahme) to a company majority-owned by Constantin Sold or to a successor acquiring SOL3D's business, with 30 days' notice in Text Form naming the acquirer. The Customer may then terminate, effective on the transfer date, any Order not fully performed and its Hosting Plan and Configurator Plan, irrespective of any minimum term; fees paid in advance for services not yet performed are refunded.

35.3 SOL3D may use subcontractors and is responsible for them as for itself.

36. Export control and sanctions

Each party complies with the export control and sanctions laws that apply to it, including those of the EU, Germany and the US. The Customer represents that neither it nor any person owning or controlling it is listed on, or 50 % or more owned by persons listed on, the sanctions lists of the EU, Germany, the UN, the UK or the US (including the OFAC SDN List), and informs SOL3D without undue delay if this changes. SOL3D may suspend or terminate any Order with immediate effect and without liability as far as performance would violate such laws or expose it to sanctions, and refunds fees paid in advance for services not yet performed unless prohibited by law.

37. Governing law; place of jurisdiction

37.1 These Terms, all Orders and all claims arising out of or in connection with them, including non-contractual claims, are governed by the laws of the Federal Republic of Germany, excluding the CISG.

37.2 Jurisdiction. The courts having jurisdiction for 68167 Mannheim, Germany, have exclusive jurisdiction, including international jurisdiction, for all disputes arising out of or in connection with these Terms or an Order, including their formation, validity and termination (Art. 25 Regulation (EU) No 1215/2012), and each party submits to their personal jurisdiction. This does not apply towards a Customer with its general place of jurisdiction in Germany; mandatory exclusive jurisdictions remain unaffected. Where the court offers it, proceedings are conducted in English.

37.3 SOL3D may also sue the Customer at its registered office or principal place of business. Either party may seek interim or injunctive relief, in particular to protect intellectual property or confidential information, in any competent court.

37.4 TO THE EXTENT ANY DISPUTE IS HEARD IN A COURT IN THE UNITED STATES, EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY AND ITS RIGHT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. If a court holds the jury waiver unenforceable, any dispute heard in a California state court is, at either party's request, referred to a general referee under California Code of Civil Procedure § 638, who decides all issues of fact and law; the referee's fees are advanced equally and allocated in the final decision. In a federal court, the parties consent to a special master under Federal Rule of Civil Procedure 53 to the extent permitted.

37.5 Each party consents to service of process in proceedings under this clause by international courier or registered mail with return receipt to its address in the Order Form, in addition to any other lawful method. In proceedings outside Germany, the prevailing party is entitled to its reasonable attorneys' fees and costs.

38. Language and interpretation

These Terms and the Orders are written in English, which alone is binding; translations are for convenience. They are interpreted under German law. A German legal term in brackets and italics after an English word determines its meaning. "Indemnify" means to hold harmless (freistellen) and includes a duty to defend or bear defense costs only where expressly stated. "Including", "in particular" and "for example" introduce non-exhaustive examples.

39. Miscellaneous

39.1 Entire agreement. An Order consists of the Order Form and these Terms with their Schedule and Annexes. Website and marketing statements are not part of it unless the Order Form refers to them. There are no oral side agreements; individual agreements take precedence (§ 305b BGB).

39.2 No guarantee. No statement constitutes a guarantee (Garantie, §§ 443, 639 BGB) unless SOL3D expressly designates it as such; the Tolerance is an agreed quality, not a guarantee. TO THE EXTENT ANY LAW OTHER THAN GERMAN LAW APPLIES, AND EXCEPT AS EXPRESSLY STATED IN THESE TERMS, SOL3D DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

39.3 Severability. If a provision is invalid or unenforceable, the rest remains valid; for these Terms, § 306 BGB governs the consequences.

39.4 Electronic signatures. Order Forms may be signed electronically and in counterparts. SOL3D signs before sending; the Order is concluded with the Customer's signature (clause 3.2).

39.5 No third-party beneficiaries. Except under clauses 21.4(c) and 28.6, Orders confer no rights on third parties, in particular not on visitors, Authorized Dealers or home buyers.

39.6 The parties are independent contractors; neither may act for the other. Not exercising a right is not a waiver. SOL3D may use feedback freely but does not name the Customer as its source without consent.

Schedule 1 — Standard Fees

Valid for Orders under this version unless the Order Form provides otherwise; US dollars, net (clause 26).

Annex B — Notices

Part 1 — Notices in every Tour (clause 12.3)

In the information panel:

Illustrative visualization. Furniture, décor and finishes are shown for illustration only and are not part of the offer unless the seller's specifications say so. Dimensions are approximate. Not a construction document.

On the loading screen:

Illustrative visualization. Furniture and décor not included.

Part 2 — Suggested text for the Customer's privacy notice (clause 31.3)

3D tours. Our model pages embed interactive 3D tours hosted by our vendor SOL3D (Constantin Sold, Schimperstraße 33, 68167 Mannheim, Germany). When you open a page with a tour, your device's IP address and other technical connection data are processed by SOL3D and its hosting provider to deliver the tour, to keep the service secure and to count views of the tour in aggregated form that does not identify you. The tours do not use cookies or similar technologies for analytics, advertising or profiling. For details, see SOL3D's privacy policy at https://sol3dtours.com/privacy.html.

Where the Customer is subject to the GDPR, it adds: "We and SOL3D are jointly responsible for the connection caused by the embedding; you may exercise your rights against either of us."

Addendum 1 — SOL3D Configurator Terms

Version 1.0. Part of an Order only if the Order Form names it (clause 1.5). Clause numbers continue those of the SOL3D Terms of Service.

Part I — Configurator

40. Scope and definitions

40.1 This Part applies where the Order Form names it (clause 1.5). Parts A to H apply accordingly; this Part prevails for the Configurator.

40.2 Definitions:

• "Configurator": a web application SOL3D hosts and operates as the Customer's service provider, in which visitors view the Customer's Home Designs in real-time 3D, select Options, see the resulting price and may send their Configuration to the Customer.
• "Configurator Setup": the one-time setup under clause 41.1.
• "Exterior Model": a 3D model of the exterior of one Home Design, without interior, furniture or computed lighting, in which the Options can be shown.
• "Option": a choice offered to visitors, such as a color, material or Exterior Variant; an "Option Category" is a group from which one choice is made (for example "cladding color").
• "Exterior Variant": an Option that changes the geometry of an Exterior Model (for example another door or solar panels); if visitors can enter its interior, that interior is a Model Variant.
• "Option List": the Customer's list of Option Categories, Options, prices, rules and descriptions (clause 42.1).
• "Configuration": the Options a visitor selected and the resulting price.
• "Inquiry": a Configuration sent by a visitor through the Configurator, with the contact details and message entered.
• "Configurator Plan": the operation of the Configurator (clause 44).

41. Services

41.1 Configurator Setup. SOL3D sets up the Configurator with (a) the Customer's branding; (b) the Option Categories and Options of the Option List within the scope in the Order Form; (c) a live price display calculated from the Option List; (d) a link that saves and shares a Configuration; (e) sending of Inquiries (clause 45); and (f) further functions named in the Order Form.

41.2 Exterior Models. For each Home Design in the Order Form, SOL3D builds an Exterior Model; clauses 6 and 7 apply to exterior dimensions.

41.3 Interiors. An interior included in the Order Form is built as a Model and Tour under Part B, which visitors can enter from the Configurator; Options apply to it only as stated in the Order Form.

41.4 Prices shown. The prices and descriptions shown are those of the Option List as provided by the Customer. They are the Customer's statements, not SOL3D's, and not an offer by SOL3D. The Customer is responsible for their accuracy, for compliance with the price information and advertising laws that apply to it, and for the terms on which it sells its homes. The Configurator shows the notice in Annex B, Part 3, with the Customer's statement of what the price includes and excludes verbatim; the Customer may change the notice except the statements that prices are not binding until confirmed by its sales team and "Illustrative visualization". Clause 12 applies, except that the Customer may present prices and Options as its own non-binding price estimates and description of the options it offers; the 3D representation remains illustrative.

41.5 Checking prices. The Customer checks the price calculation of every Option Category during review (clause 43) and after every price update. As to prices, SOL3D owes only the implementation of the Option List as provided; for implementation errors the Customer has the rights under clause 11, and damages are subject to clause 28. On request in Text Form, SOL3D hides the price display or an Option without undue delay, normally within one Business Day.

41.6 Performance. A specific loading time is owed only if the Order Form says so.

41.7 Freedom from defects. The Configurator Setup and each Exterior Model are produced as a contract for work; their operation is part of the Configurator Plan. They are free of defects if every Option of the Option List can be selected and is shown, the price shown equals the sum of the Option List prices under its rules, Inquiries are sent under clause 45.1, exterior dimensions are within the Tolerance, and the Configurator works in the Supported Browsers and otherwise shows Options and prices as text.

42. Option List and changes

42.1 The Customer provides the Option List in Text Form with color codes, material samples or photographs for each Option; clause 6 applies.

42.2 SOL3D implements the Option List as provided and does not check prices, feasibility or combinability of Options unless the list contains a rule.

42.3 Options beyond the scope in the Order Form, new Option Categories and new Exterior Variants are Change Requests (clause 10), charged at the Order Form fees or, failing these, as quoted in advance.

42.4 Price updates. During the Configurator Plan, the Customer may change prices, descriptions and availability of existing Options at any time in Text Form. SOL3D implements them within 3 Business Days, within a reasonable scope and free of charge, and confirms in Text Form when they are live; the Customer checks them (clause 41.5) within 2 Business Days of the confirmation. Other changes are Change Requests.

43. Review and acceptance

43.1 SOL3D first provides the Configurator with the Exterior Models as a Review Version by private link; clause 9 applies with the following deviations.

43.2 Instead of one Revision Round, the Customer may submit up to three consolidated rounds of feedback within the scope of the Order. Further rounds are free only for deviations from the Option List as provided, otherwise charged as quoted in advance. New Options, Option Categories, Exterior Variants or functions are Change Requests.

43.3 After Approval of the Review Version (clause 9.5), SOL3D provides the Configurator Setup and the Exterior Models as approved for Acceptance by private link. Clause 9.6 applies to them, including the reminder and the bold notice; there is no lighting computation.

43.4 Going live. SOL3D enables public use after Acceptance of the Configurator Setup and of every Exterior Model the Order Form names for the first going live (and not withdrawn from or terminated), or, if it names none, of at least one Exterior Model. Going live is on the date the Customer requests in Text Form, at the latest 20 Business Days after the last of these Acceptances; the Customer may request earlier going live with the Exterior Models already accepted. If Acceptance of such an Exterior Model is delayed by more than 20 Business Days for reasons the Customer is responsible for, SOL3D may notify the Customer in Text Form that the Configurator goes live with the accepted Exterior Models no earlier than 20 Business Days after the notice. The Configurator Plan starts on the day of going live.

44. Configurator Plan

44.1 Scope. The Configurator Plan comprises Hosting of the Configurator, its Exterior Models and the Tours entered from it under clause 13, and price updates (clause 42.4).

44.2 Fee. The fee is set in the Order Form for the number of Home Designs stated there; further Home Designs are charged at the additional fee stated there, pro rata from going live. Billing is monthly or annually, as stated in the Order Form; the fee is payable in advance for each billing period from the day of going live, including during the first 12 months. Home Designs may be removed at the end of a billing period, but not below the number covered by the base fee.

44.3 Tours in the Configurator. While the plan runs, it covers Hosting of the Tours entered from it; clauses 13.1, 14.1 to 14.3 and 14.5 do not apply to them. Interiors ordered under this Part have no Included Hosting Period (clause 4.5, last sentence, does not apply); one accepted before going live is hosted free of charge until then. For a Tour still in its Included Hosting Period when added, SOL3D credits the fee share for the unused period against the plan fee.

44.4 Renewal and cancellation. THE CONFIGURATOR PLAN RENEWS AUTOMATICALLY FOR SUCCESSIVE BILLING PERIODS OF THE SAME LENGTH (ONE MONTH OR ONE YEAR, AS STATED IN THE ORDER FORM) UNTIL CANCELED. IF THE ORDER FORM STATES A MINIMUM TERM, IT CANNOT BE CANCELED UNDER THIS CLAUSE WITH EFFECT BEFORE THE END OF THAT TERM; THE RIGHTS UNDER CLAUSES 13.8, 17, 27.5, 29.2, 35.2 AND ANNEX C, ITEM C.5 REMAIN UNAFFECTED. AFTER IT, OR IF NONE IS STATED, THE CUSTOMER MAY CANCEL AT ANY TIME, WITH EFFECT FROM THE END OF THE CURRENT BILLING PERIOD, IN TEXT FORM. FEES PAID FOR THE CURRENT BILLING PERIOD ARE NOT REFUNDED ON CANCELLATION BY THE CUSTOMER. The Order Form shows this statement conspicuously, initialed by the Customer. For annual billing, SOL3D sends a reminder in Text Form 15 to 30 days before each renewal, stating date, price and how to cancel. SOL3D may terminate the plan with 90 days' notice to the end of a billing period, not before the end of a minimum term; clause 17.1 remains unaffected. Clauses 14.6 (not during a minimum term), 14.7 and 33.2 apply accordingly.

44.5 End. When the plan ends, clause 15 applies to the Configurator and its Tours, and SOL3D hides the price display and inquiry form unless the Customer requests otherwise. The Customer may continue Hosting of these Tours as a Hosting Plan as if their Included Hosting Period had ended. If SOL3D terminates under clause 44.4 or 17, or the Customer under clause 13.8, 27.5, 35.2 or Annex C, item C.5, the Customer receives free of charge a Self-Hosting Package of each paid Tour entered from the Configurator and a static export of each Exterior Model in each Option (images and a price table). The Configurator software is not licensed for self-hosting.

44.6 License. Upon payment of the first Configurator Setup invoice and while the plan runs, SOL3D grants the Customer a non-exclusive, non-transferable right to embed and use the Configurator, its Exterior Models and, once paid in full, the Tours of interiors, for the purposes in clauses 19.2 and 41.4, including by Authorized Dealers (clause 19.3). Clauses 18, 19.5, 19.6 and 20 apply.

45. Inquiries and personal data

45.1 SOL3D transmits each Inquiry by email to the addresses the Customer names in the Order Form or in Text Form (if needed, per Authorized Dealer). The form asks only for the data the Customer specifies — at most name, email, phone, ZIP code and message — links to the Customer's privacy policy, and states above the send button: "Your inquiry is transmitted to [name of the Customer] by its service provider SOL3D." On request, it shows a consent text with an unticked checkbox provided by the Customer, implemented verbatim; SOL3D is not responsible for its content or sufficiency. Each Inquiry email records the consent text, whether the box was ticked, date and time (UTC) and page address; the Customer keeps these emails as its record.

45.2 For Inquiries, the Customer is controller and SOL3D processor (Annex C). SOL3D does not use them for its own purposes and deletes them once delivered, at the latest after 30 days; if delivery fails, it informs the Customer by other means. Delivery of a particular Inquiry is not guaranteed; the Customer ensures its addresses accept SOL3D's emails, monitors them and reports missing Inquiries.

45.3 The Customer is responsible for informing visitors about the processing of Inquiries on its website and in its privacy policy (suggested text: Annex B, Part 2), for any consent it needs, and for its further communication with persons who send Inquiries, including compliance with telephone and email marketing laws that apply to it. SOL3D does not call, text or email these persons.

45.4 A saved Configuration is stored in the link itself. Clause 13.7 applies; SOL3D may use bot protection that does not track visitors.

46. Fees and payment

46.1 Fees for the Configurator Setup, Exterior Models, interiors, further Options and the Configurator Plan are set in the Order Form.

46.2 Unless the Order Form provides otherwise, SOL3D invoices (a) 100 % of the fees for the Configurator Setup and each Exterior Model and interior on its Acceptance, under clause 25.1 (the Configurator Setup and the Exterior Models named for the first going live are accepted and invoiced together); and (b) the Configurator Plan in advance for each billing period (clause 44.2).

46.3 Clause 27.2 applies to the Configurator Setup and each Exterior Model as to a Model.

Annex B, Part 2 (addition) — Configurator inquiries (clause 45.3)

Configurator inquiries (where a Configurator is included). If you send us your configuration through our online configurator, SOL3D transmits your configuration and the contact details and message you enter to us by email on our behalf and deletes them from its systems within 30 days. We use them to answer your inquiry.

Annex B, Part 3 — Notice in every Configurator (clause 41.4)

Next to the price:

Estimated price for the options selected, provided by [name of the Customer]. [Customer's statement of what the price includes and excludes.] Prices are not binding until confirmed by [name of the Customer]'s sales team. Prices and availability may change. The final price and scope are set only in your purchase contract. Illustrative visualization.

Addendum 2 — SOL3D Data Processing Terms

Version 1.0. Part of an Order only if the Order Form names it (clause 1.5).

Annex C — Data Processing Terms

These terms apply where SOL3D processes personal data on the Customer's behalf (clause 31.4) and form the agreement under Art. 28(3) GDPR and, under item C.10, US state privacy laws.

C.1 Subject matter. SOL3D processes (a) personal data in Customer Materials (names, addresses and contact details of buyers, prospective buyers, architects, designers or Customer employees on plans or documents), only to produce, host and maintain Models and Tours, by receiving, storing, reading and deleting them, for the duration of the Orders and clause 21.5; (b) Inquiries (contact details, message and Configuration of visitors), which it receives, transmits to the Customer and deletes within 30 days; and (c) where US state privacy laws apply, visitors' IP address and connection data, solely to deliver and secure Tours and Configurators and compute aggregated view counts (clause 13.7). Under the GDPR, clause 31.3 governs the data under (c).

C.2 Instructions. SOL3D processes the data only on the Customer's documented instructions (the Order, these Terms, instructions in Text Form), unless EU or German law requires otherwise, in which case it informs the Customer beforehand unless prohibited. It informs the Customer if it considers an instruction unlawful.

C.3 Confidentiality. Persons processing the data are bound to confidentiality.

C.4 Security. SOL3D takes the measures required by Art. 32 GDPR and describes them on request.

C.5 Sub-processors. The Customer authorizes the providers in clause 32.1. SOL3D gives 14 days' notice in Text Form before adding or replacing one; the Customer may object within 14 days for good reason in data protection. If SOL3D nevertheless uses it, either party may terminate the affected part of the Order, with refund of fees paid in advance for the later period. SOL3D imposes on every sub-processor obligations with sufficient guarantees under Art. 28(4) GDPR.

C.6 Assistance; breaches. SOL3D assists the Customer with data subject requests and Art. 32 to 36 GDPR as far as the nature of processing and its information allow, and notifies personal data breaches without undue delay, at the latest within 48 hours of becoming aware.

C.7 End. After the services end, SOL3D deletes or returns the data at the Customer's choice unless EU or German law requires storage; clause 21.5 applies to backups.

C.8 Audits. SOL3D provides the information needed to demonstrate compliance with Art. 28 GDPR, primarily in documents, and allows audits by the Customer or a confidentiality-bound auditor at most once a year unless a breach has occurred, with 30 days' notice, during business hours; it may first answer by questionnaire. Each party bears its own costs.

C.9 Transfers. Outside the EEA, SOL3D ensures the safeguards of Chapter V GDPR.

C.10 US state privacy laws. For personal information subject to the CCPA or another US state privacy law, SOL3D acts as the Customer's service provider, contractor or processor. It processes it only for the business purposes in item C.1; does not sell or share it; does not retain, use or disclose it for any other purpose or outside the direct business relationship with the Customer; does not combine it with other personal information except as these laws permit; provides the level of protection these laws require; informs the Customer if it can no longer meet these obligations; and allows the Customer to take reasonable steps to stop and remedy unauthorized use. Items C.2 to C.9 apply. SOL3D certifies that it understands and will comply with these restrictions.