Effective: 14 August 2026

1. Scope

  1. These Terms and Conditions apply to contracts between Bross Ventures GmbH, Türkenstr. 29a, 80799 Munich, Germany (“Bross Ventures”), and its customers concerning the use of siteviewer and related project, capture, processing and support services.
  2. The services are offered exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Bross Ventures does not enter into contracts with consumers on the basis of these Terms and Conditions.
  3. Any conflicting or deviating terms of the customer shall apply only if Bross Ventures has expressly agreed to their application.
  4. Individual agreements, in particular the applicable proposal, statement of work and any data processing agreement, shall take precedence over these Terms and Conditions.

2. Formation of the contract and contractual documents

  1. Information presented on the website is non-binding and does not constitute a binding offer.
  2. A contract is formed when the customer accepts an individual proposal, when Bross Ventures issues an order confirmation or when Bross Ventures begins the agreed services at the customer’s request.
  3. The content and scope of the services are primarily determined by the individual proposal and the contractual documents incorporated into it.

3. siteviewer services

  1. siteviewer enables the processing, management, provision and browser-based use of digital tours and associated content. Depending on the agreement, the contract may include pilot projects, ongoing platform use, capture support, updates, integrations and additional functions.
  2. Captures are produced by commissioned partners or service providers; updates to individual areas may also be made by the customer. Special capture equipment or scanners are required only where expressly agreed or necessary for the agreed purpose.
  3. The quality and suitability of the results depend in particular on the source data provided, capture quality, lighting and environmental conditions, accessibility of the premises and the agreed requirements.
  4. Survey-grade, CAD- or BIM-ready accuracy, a specific dimensional accuracy or the complete capture of all areas is owed only where expressly agreed in the proposal.
  5. Any agreed functions, availability commitments, response times or service levels are governed by the individual proposal. No specific service level is owed unless expressly agreed.

4. Customer cooperation

  1. The customer shall provide all information, content, access, contacts and approvals required for the services in a timely manner.
  2. For on-site captures, the customer shall ensure safe and accessible areas, the necessary access permissions and the appropriate notification of affected persons and internal stakeholders.
  3. The customer is responsible for ensuring that content supplied by it or approved by it for capture may be processed lawfully. This includes, in particular, copyright, trademark, property, personality, data protection and confidentiality rights.
  4. The customer shall review delivered results and report apparent deviations or defects without undue delay and in sufficient detail to allow investigation and remedy.
  5. Delays or additional work caused by missing or late cooperation may lead to adjusted deadlines and, following prior coordination, additional charges.

5. User accounts and permitted use

  1. User accounts may be used only by the respective authorised persons. The customer shall keep its user and organisation details current and protect access against unauthorised use.
  2. Any indication of misuse or unauthorised use must be reported to Bross Ventures without undue delay.
  3. The customer must not use siteviewer unlawfully, circumvent security mechanisms, interfere with the platform or access data or areas belonging to other users without authorisation.
  4. Bross Ventures may temporarily suspend access where there are specific indications of unlawful use, a material security risk or a material breach of contract. Where possible, Bross Ventures will notify the customer in advance and provide an opportunity to remedy the issue.

6. Rights in content and software

  1. Rights in content supplied by the customer remain with the customer or the respective rights holder.
  2. For the term of the contract, the customer grants Bross Ventures the non-exclusive, worldwide rights required to store, process, display, reproduce and make the content available to authorised users in accordance with the contract.
  3. All rights in the software, methods, user interfaces, templates and other components of siteviewer remain with Bross Ventures or its licensors.
  4. For the term of the contract, the customer receives a non-exclusive, non-transferable right to use siteviewer within the agreed scope for its own business purposes and to make it available to its authorised users.
  5. If content supplied by the customer culpably infringes third-party rights, the customer shall indemnify Bross Ventures against justified third-party claims and the necessary costs of legal defence. Bross Ventures shall notify the customer without undue delay and coordinate material defence measures with the customer.

7. Data protection and confidentiality

  1. The parties shall comply with applicable data protection law. Where Bross Ventures processes personal data on behalf of the customer, the parties shall enter into a separate data processing agreement where required.
  2. Both parties shall keep confidential all non-public business, technical and organisational information of the other party and use it only for the performance of the contract. Statutory disclosure obligations remain unaffected.
  3. The confidentiality obligation does not apply to information that can be shown to have been previously known, publicly available or lawfully obtained from an authorised third party without breach of an obligation.

8. Third-party services and technical requirements

  1. The use of siteviewer requires a suitable internet connection, an up-to-date browser and any technical requirements specified in the proposal.
  2. Where agreed services depend on networks, platforms or third-party services, disruptions or changes outside the control of Bross Ventures may affect use.
  3. Bross Ventures may engage suitable subcontractors. Bross Ventures remains responsible for the contractually agreed services.

9. Acceptance of project results

  1. Where a service has the legal nature of a contract for work and acceptance is agreed or required by law, Bross Ventures shall make the result available for acceptance following completion.
  2. The customer shall examine the result within a reasonable period. Acceptance may not be refused due to immaterial defects.
  3. The statutory rules on acceptance apply in all other respects.

10. Fees and payment

  1. Fees are specified in the individual proposal. All prices are exclusive of the applicable statutory value added tax.
  2. One-time project and capture services and recurring fees shall be invoiced in accordance with the agreed payment schedule. Unless otherwise agreed, recurring annual fees are payable in advance at the beginning of each contract year.
  3. Unless a different period is specified in the proposal, invoices are payable without deduction within 14 calendar days of the invoice date.
  4. The statutory provisions apply in the event of late payment.
  5. The customer may set off claims only where they are undisputed or have been finally adjudicated. Rights of retention may be exercised only in respect of claims arising from the same contractual relationship.

11. Term and termination

  1. The contract term and ordinary termination are primarily governed by the individual proposal.
  2. If no different arrangement has been made for ongoing platform use, the initial term is twelve months. The contract renews for successive periods of twelve months unless terminated in text form with three months’ notice to the end of the respective term.
  3. Project services without ongoing use end when the agreed services have been fully performed.
  4. Either party’s right to terminate for good cause remains unaffected.
  5. Access to the subscribed functions ends upon termination of the contract. The customer is responsible for securing required content before the end of the contract using the available export options. Any further retention and deletion is governed by the contractual arrangements, the data processing agreement and statutory obligations.

12. Defects

  1. Bross Ventures shall remedy properly reported defects within a reasonable period. The customer must describe the defect in a reproducible manner and provide reasonable cooperation in isolating it.
  2. There is no defect where the impairment results from use contrary to the contract, unsuitable source data, unsupported technical environments or changes made by the customer or third parties, to the extent that Bross Ventures is not responsible for those circumstances.
  3. Properties or results are guaranteed only where Bross Ventures has expressly designated them as a guarantee.
  4. In all other respects, the statutory remedies for defects apply in accordance with the nature of the agreed service.

13. Liability

  1. Bross Ventures shall have unlimited liability for intent and gross negligence, for injury to life, limb or health, under the German Product Liability Act, within the scope of an assumed guarantee and in all other cases of mandatory statutory liability.
  2. In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the damage that was foreseeable and typical for the contract when the contract was concluded. Material contractual obligations are obligations whose performance is essential for the proper performance of the contract and on whose performance the customer may regularly rely.
  3. Liability for slight negligence is otherwise excluded.
  4. The above liability provisions apply accordingly to the governing bodies, employees, representatives and vicarious agents of Bross Ventures.

14. Force majeure

Neither party shall be liable for delays or failures caused by an event outside its reasonable control that was not foreseeable when the contract was concluded and could not have been prevented with reasonable care. The affected party shall notify the other party without undue delay and resume performance as soon as reasonably possible.

15. Final provisions

  1. The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
  2. If the customer is a merchant, legal entity under public law or special fund under public law, Munich, Germany, shall be the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship.
  3. Amendments and supplements to the contract should be documented in text form. Individual agreements remain unaffected.
  4. If any provision of these Terms and Conditions is or becomes wholly or partly invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provisions.

Contact

Bross Ventures GmbH
Türkenstr. 29a
80799 Munich, Germany
Email: hello@siteviewer.com