User Agreement

Terms of Use – www.biganto.com


1. General terms

These terms of use regulate the use of www.biganto.com from Biganto GmbH, Schloßschmidstr. 5, 80639 Munich, registered in the commercial register at the Munich Local Court, HRB 206771 (hereinafter: Biganto).

The online services offered by Biganto allow users to create and manage interactive presentations, virtual and photo tours, digital visualizations, renderings and 3D models.

The online services provided by Biganto include all online applications, software, the provision of technical customer service (support), sample content (samples), scripts, instructions and documentation, hereinafter collectively referred as "online services".

These terms of use apply to all online services offered by Biganto; the use of other services and developments by Biganto offered in the future are also subject to these terms of use.

By using the online services provided by Biganto, the user agrees to these terms of use.

Terms and conditions of the users or third parties do not apply, even if Biganto does not separately contradict their validity in individual cases.


2. Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN sales law, if

  • the user is habitually resident in Germany, or
  • the user is habitually resident in a country that is not a member of the European Union

In the event that the user has his habitual residence in a member state of the European Union, German law also applies, whereby the mandatory provisions of the state in which the user has his habitual residence remain unaffected.


3. Use of online services at www.biganto.com

After registering, users have the option of using Biganto's online services free of charge to a limited extent or beyond the free use for a fee, after selecting a corresponding tariff.

Users also have the option of publishing the content they have created with Biganto's online services via an active link on the Internet.


3.1. Requirements

Biganto provides its services via the Internet as an infrastructure provider (software-as-a-service). In order to use Biganto's online services, a functioning internet connection and a corresponding device are required (see also Section 3.3 of these Terms of Use).


3.2. Registration

Registration of the user is required for free as well as for paid use of the online services. This requires a valid user email address. After assigning a password and confirming the registration by the user, he will receive a user account.

In the event that the data provided by the user during registration does not enable the user to be identified, Biganto has the right to deny the user access to the account and the use of the online services.

The user account may not be made available to third parties for the use of Biganto's online services.

The user must ensure that his access data for Biganto online services are used and stored confidentially.

Biganto naturally treats the registration data confidentially and only uses it within the framework of our Privacy Policy.


3.3. System requirements

In order to use the online services, the user must ensure that the technical system requirements of the end devices are met. The technical system requirements can be found at https://biganto.com/tutorials/system_requirements/.

The user confirms that they have familiarized themselves with the source materials and instructions at https://biganto.com/virtoaster/tutorials/ before using the online services.


4. Services provided by Biganto

Biganto provides the online services in accordance with the tariffs, bonus programs or special offers specified on the website. To a limited extent, the user also has the option to use services free of charge.

It is possible to use a tariff that goes beyond the free use at the costs specified on the website.


4.1. Accepting the offer

The presentation of the online services at www.biganto.com does not represent a legally binding offer, but an invitation to order (invitatio ad offerendum).

By submitting the order at the end of the ordering process, the user makes a binding offer to book the online services shown in the order overview. Immediately after submitting the order, the user receives an order confirmation, which, however, does not yet represent an acceptance of his contract offer. A contract between the user and Biganto is concluded as soon as Biganto accepts the user's order and / or booking via a separate e-mail or activates the desired online services for the user.

The user regularly checks the SPAM folder in his e-mail inbox.


4.2. Payment terms

The price for the online services selected by the user is due in advance with the order / booking. Payment for the booked service can be made using the payment methods specified during the ordering process via our payment service provider.

All prices and tariffs given by Biganto are in the currency "Euro" (EUR) and include sales tax at the statutory rate.

Biganto uses payment service providers for payments via the website, who process payments through the public networks in accordance with international standards (such as "verified by VISA", "Mastercard SecureCode") using the latest technologies to secure payment transactions, such as 3D-Secure. The authentication of the user or authorization of the payment takes place in the context of these technologies via the issuing bank of the user.


4.3. Duration

If the user opts for a paid tariff, the costs will be debited monthly using the payment method specified when ordering.

The contract between the user and Biganto is extended by one month each time, unless the user terminates the contractual relationship before the next debit.


4.4. Termination

Users have the right to terminate the contract with Biganto at any time, so that the contract is no longer renewed monthly. Payments already made for the current month will not be refunded. A termination by the user does not release the user from paying any previously accrued amounts.

The right to terminate for exceptional reasons remains unaffected.

Reasons that entitle Biganto to extraordinary termination include, among others the violation of user obligations, in particular art. 7.1 of these Terms of Use, the discontinuation of the online services by Biganto, breaches of the law by the user when using the online services, delay in payment of more than 30 days or inactivity of the free account for more than 6 months.

The consequence of the extraordinary termination by Biganto is the final and irrevocable deletion of the user profile or the blocking of access to the account. In this case, the user is informed that his user account and the data stored in Biganto's systems will be deleted by Biganto within a reasonable period of time.


5. Time of performance and acceptance


5.1. Execution time

Dates for the provision of services are only binding for Biganto when Biganto provides written confirmation in text form for final confirmation.

Delays in performance in the user's area of ​​responsibility (e.g. failure to cooperate in time) or due to force majeure (such as strikes, official orders, general disruptions in telecommunications networks, etc.) entitle Biganto to postpone the services concerned for the duration of the hindrance plus a reasonable start-up time.


5.2. Acceptance

If Biganto is responsible for bringing about a certain success (contractual obligation), the user and Biganto will determine the requirements and the procedure for acceptance in the individual contract or as part of the project management.

The acceptance by the user can also take place by way of coherent behavior, in particular by using the system in productive use, by unconditional payment or calling up further services.

The user checks and tests the service given to him according to the agreed procedure; Biganto can also hand over independently verifiable partial services. A total acceptance only takes place if no partial acceptance has taken place.

The user ensures that Biganto's services are not used productively until the tests and acceptance have been completed, unless otherwise agreed between the contractual partners.

If Biganto's services or partial services correspond to the agreed requirements or if there are only insignificant deviations, the user immediately declares acceptance. This should be done in text form (e.g. e-mail). In particular, those deviations which only insignificantly impair the functionality are insignificant.

If the user does not declare acceptance within five working days after handing over a service or after being requested to accept the service and if he has not reported any significant defects to Biganto during this time, the services or partial services are deemed to have been accepted.


6. Right of Withdrawal

If the user is a consumer, he has a right of withdrawal. A consumer is any person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

At the end of these terms of use you will find our cancellation policy and a non-binding Consumer revocation instruction.


7. User rights and responsibilities

Regardless of whether the user has selected free or paid use of the online services, Biganto grants users the non-exclusive and non-transferable right to use the online services they have selected (paid or free) for the duration of the user relationship within the scope of these terms of use and use the respective tariffs.


7.1. User Responsibilities

The user undertakes not to commit any unlawful acts during and through the use of the online services. This obligation also includes compliance with any possible use by the user of conflicting copyrights and trademarks, as well as naming, patent and competition rights as well as intellectual property rights to the items uploaded or stored in the Biganto systems when using the online services Files and content, as well as Biganto's copyrights to the online services themselves.

Furthermore, the user is obliged to use the online services only in such a way that the website and / or the online services themselves do not malfunction;

The user is prohibited to:

  • upload and / or save illegal content in Biganto's systems;
  • upload or save amoral or morally questionable content, such as pornographic or violence-glorifying materials, into Biganto's systems;
  • offer Biganto online services to third parties for use in return for payment or free of charge;
  • copy, modify, sell or otherwise make available or further license the Online Services to any third party;
  • copy or collect interactive presentations, virtual and photo tours, digital visualizations, renderings and 3D models created with Biganto's online services or software for the production of systematic collections, such as for storage in a database, as long as this is beyond user rights granted by art. 9 of these Terms of Use;
  • circumvent any access or restrictions put into place to prevent certain uses of the Services or Software; The same applies to the - even attempted - deactivation of our online services;
  • upload malware or code or other system-damaging content, such as computer viruses into Biganto's systems.
  • Promote Biganto online services without our express permission;
  • Extract or copy the online services or other software or interfaces provided by Biganto;

Insofar as Biganto provides the user with storage space within Biganto's systems, the user undertakes to use this storage space only to use the Biganto services selected by him. In doing so, the user must ensure that no content violating the rights of third parties is saved when using the storage space. When storing files in Biganto's systems, it is up to the user to ensure that these files are backed up (data backup).

If the user violates these terms of use, he releases Biganto in full from liability for claims by third parties, including any further costs that Biganto incurs as a result of defending against these claims.


7.2. Prohibition of changes, prohibition of reverse engineering

Unless expressly permitted by Biganto, users do not have the right to modify, transfer, adapt or translate parts of the services or the software, to reconstruct, decompile, disassemble or otherwise determine the source code or parts of the online services or the software , to copy or to use beyond agreed purposes.

Biganto can - taking into account its own copyright, performance and usage rights - at its own discretion provide users with appropriate information about the online services or software as well as interfaces and impose reasonable conditions (including reasonable fees) on the user to use the services or software to decompile. Biganto is not obliged to do so.


8. Sample files

Biganto provides demo versions, images, 3D models, finished scenes or audio files at www.biganto.com (hereinafter: sample files). These are used to guide users or for other demonstration purposes set by Biganto. The user may not use the sample files for purposes other than those mentioned above. The dissemination of these sample files by the user is expressly prohibited.


9. Copyright and usage rights

The user grants Biganto all usage rights required to fulfill the contract, including use of copyrights, ancillary copyrights and other commercial property rights (including trademark rights), in particular the right to reproduce, distribute, make publicly available and edit, in terms of time, location and content, in the scope required for the execution of the contract. This also includes the transfer of these usage rights or the corresponding sublicensing to third parties who are commissioned by Biganto to fulfill the contract.

Biganto is entitled to change the user's content upon agreement with the user.

All copyrights, ancillary copyrights and other rights to the analyzes, concepts and content created and possibly implemented by Biganto or by third parties on behalf of Biganto remain with Biganto. However, Biganto grants the customer unlimited right to use the analyzes and concepts to the extent necessary for their own marketing purposes. This also applies beyond the end of the contract.

If third parties assert claims against Biganto with the assertion that the content (s) created by the user via Biganto's online services violate legal provisions and / or their publication violates third parties rights, the user will release Biganto from all third-party claims upon first request. The user will reimburse any costs and damages Biganto incurs through the use of an appropriate legal defense, insofar as the user is responsible for the violation of the rights of third parties or the violation of legal provisions.

The user is obliged to support Biganto within the scope of what is reasonable by providing information and documents in legal defense against third parties.


10. References

The user allows Biganto to include him in a reference list on www.biganto.com and other advertising and presentation materials as well as in Biganto's social media accounts, in particular by naming and displaying company / product names, a screenshot of the online services Content or other services created by Biganto for the user.


11. Limitation of Liability

11.1. Biganto is liable for intent and gross negligence. Biganto is also liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance you as a user can regularly rely. In the latter case, Biganto is only liable for the foreseeable damage typical of the contract. Biganto is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

Biganto is not liable for any injuries to third parties that the user may commit by using the online services. Furthermore, Biganto is not liable for the content linked to or from the Biganto website by users.

The above exclusions of liability do not apply to injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

11.2. According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. Biganto is not liable for the constant and uninterrupted availability of the online services.

11.3. Biganto is not responsible for actions that users take in connection with the use of online services. The use of our online services is at the users' own risk; they are solely responsible for any loss of data or damage to their computer system resulting from the use of the online services or software and access to them.


12. Final provisions


12.1. Subject to change, notification of change and consent

The terms of use written here are subject to change. In the event of changes in the legal situation that has or can have an impact on the use of the online services or in the event of a significant change in the online services offered by Biganto, these terms of use may be changed.

In the event of a change to these terms of use, the users will be informed transparently by Biganto by e-mail and will have the opportunity to react to the change in the terms of use within a reasonable period of time.

If the user does not respond to the notification of change within a reasonable period of time, these are deemed to have been accepted by the user. Biganto will always point this out in the change notification.


12.2. Jurisdiction

If the user had their domicile or habitual abode in Germany when the contract was concluded and either moved from Germany at the time we filed the action or their domicile or habitual abode is unknown at that time, the place of jurisdiction for all disputes is our company's headquarters in Munich.


12.3. Consumer Dispute Resolution

We would like to point out that the user, in addition to the ordinary legal process - if he is a consumer (see Section 5 of these Terms of Use) - also has the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr

Our email address is: info@biganto.com

According to § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute settlement procedure before a consumer arbitration board.


12.4. Relevant language version

In the event that these terms of use are made available to the user in a language other than German, the German version has priority in the event of discrepancies between the German version and a translation.

German version of these terms can be found at https://biganto.com/user_agreement/


12.5. If individual provisions of these terms of use are ineffective, this shall not affect the rest of the terms of use.


APPENDIX: Cancellation policy for consumers


Right of withdrawal

You have the right to withdraw from the contract concluded with Biganto within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us, Biganto GmbH, Schloßschmidstr. 5, 80639 Munich, phone +49 (17) 815-397-23, e-mail info@biganto.com, by means of a clear declaration (e.g. a letter sent by post or e-mail) about your decision to revoke this contract.

You can use the sample withdrawal form below for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.


Consequences of the withdrawal

If you withdraw from this contract, we will refund you all the payments that we have received from you, including any delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

If you have requested cancellation, during the period when the services being commenced, you have to pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of withdrawal with regard to this contract сompared to the total scope of the services provided in the contract.


Reasons for exclusion or expiry

In the case of a contract for the provision of services, the right of withdrawal expires if the entrepreneur has fully provided the service and has only started to perform the service after the consumer has given his express consent and at the same time confirmed his knowledge that he has his right of withdrawal lost if the contract is fully fulfilled by the entrepreneur.


Sample withdrawal form


(If you want to cancel the contract, please fill out this form and send it back.)

To the

Biganto GmbH

Schloßschmidstr. 5

80639 München:

info@biganto.com

  • I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
  • Ordered on (*) / received on (*)
  • Name of the consumer (s)
  • Address of the consumer (s)
  • Signature of the consumer (s) (only when notified on paper)
  • date

(*) Delete where inapplicable.