These Terms of Service (“Terms”) govern your use of the services provided by Localpano Inc. (referred to as “the Company”), including any related websites, mobile applications, and other services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms.

1. General / Scope of Application

These general terms and conditions apply to all, including future, legal transactions between Localpano Inc. and the contracting party.

Any terms and conditions of the contracting party that deviate from or supplement these terms and conditions of delivery and payment, or contradict them, shall only apply if they have been expressly and in writing acknowledged by us.

2. Limitation of Contractor’s Liability

The contractor shall be liable according to the statutory provisions in cases of intent or gross negligence on the part of the contractor or a representative or vicarious agent of the contractor, as well as in the event of culpable violation of life, body, or health. However, the contractor’s liability in cases of gross negligence shall be limited to the contract-typical, foreseeable damage, unless another of the exceptions listed in sentence 1 or sentence 3 of this paragraph also applies. Otherwise, the contractor shall only be liable under the Product Liability Act, for the culpable violation of essential contractual obligations, or if the seller has fraudulently concealed the defect or assumed a guarantee for the quality of the delivery item. However, the claim for damages for the violation of essential contractual obligations shall be limited to the contract-typical, foreseeable damage, unless another of the exceptions listed in sentence 1 or sentence 2 of this paragraph also applies.

Liability for non-negligent damages or reimbursement of expenses is excluded. The contractor shall not be liable in particular for technical errors of GoThru and Matterport as well as on the portals or websites operated by Google.

The provisions of the preceding paragraphs shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal basis, in particular due to defects, the violation of obligations arising from the contractual relationship, or from tortious acts. They shall also apply to claims for reimbursement of futile expenses.

A change in the burden of proof to the detriment of the client is not associated with the above provision.

3. Withdrawal

The client may only withdraw from the contract within the statutory provisions if the contractor is responsible for the breach of duty. In the event of breaches of duty, the client must declare within a reasonable period of time upon request from the contractor whether he withdraws from the contract due to the breach of duty or insists on performance. In the case of defects, the statutory provisions regarding withdrawal shall apply.

4. Payment Terms

The contracting party agrees to pay a deposit of at least $190.00 upon confirmation of the service agreement. The remaining balance must be paid promptly once the virtual tour is online. The deposit is non-refundable.

In the event of non-performance of the contract by the contracting party, the contractor is entitled to claim damages in the amount of $190.00 net. However, the contracting party may present evidence that the contractor suffered no damages or substantially less damage than claimed. Conversely, the contractor may also provide evidence that the damages incurred were greater than the amount initially claimed.

5. Rescheduling

The contractor may postpone an agreed appointment for the creation of the photo recordings up to 72 hours before the appointment without further costs to a later date. In the event of a shorter-term rescheduling of the appointment, the contractor is entitled to demand a flat fee of $190.00 net from the client. The client is permitted to prove that the contractor has not suffered any damage or significantly less damage. The contractor is permitted to prove that a higher damage has been incurred.

6. Limitation Period

Any claims by the client for contractual breaches shall expire within 12 months from acceptance of the service provided. This shall not apply to personal injury and damage to health and loss of life caused by Localpano Inc., intentional or fraudulent behavior by Localpano Inc., claims under the Product Liability Act, and within the framework of quality guarantees given. In the cases referred to in the preceding sentence, the statutory limitation periods shall apply.

7. Place of Performance; Jurisdiction

The place of performance for both parties is the registered office of Localpano Inc.

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship, including bills of exchange and cheque disputes, is the registered office of Localpano Inc.

This contract and the legal relationship between Localpano Inc. and the contracting party are subject to the laws of the United States of America, excluding the provisions of international private law (conflict of laws) and the UN Convention on Contracts for the International Sale of Goods (CISG).

8. Consent to Receive Emails with Similar Products/Services from Us – Right to Object

By voluntarily providing your email address, you consent to receive offers via email for similar goods/service.

You may object to the use of your email address for our promotional emails at any time by sending a message to us or by clicking on the corresponding link in the respective promotional email. After objection, we will no longer use your email address for direct advertising. The same applies if you declare your objection to receiving promotional emails from us in the order form.

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

This Privacy Policy describes how Localpano Inc. (“we,” “us,” or “our”) collects, uses, and discloses your personal information when you use our website, mobile applications, or other services (collectively, the “Services”).

1. Information We Collect

We collect information that you provide to us, such as when you register for an account, make a purchase, or contact us for support. This information may include your name, email address, phone number, billing address, and payment information.

We also collect information automatically when you use our Services, such as your IP address, device information, browser type, and operating system.

2. Use of Information

We use the information we collect to provide, maintain, and improve our Services, to communicate with you, to process your orders and payments, and to personalize your experience.

We may also use your information to send you promotional communications, updates, and other information about our products and services. You may opt out of receiving these communications at any time.

3. Disclosure of Information

We may share your information with third-party service providers who assist us in providing the Services, such as payment processors, shipping partners, and marketing agencies. These service providers are authorized to use your information only as necessary to provide services to us.

We may also disclose your information if required by law or in response to legal process, such as a subpoena or court order.

4. Data Retention

We retain your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

5. Security

We take reasonable measures to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee the absolute security of your information.

6. Your Rights

You have the right to access, correct, or delete your personal information. You may also have the right to restrict or object to certain processing of your information. To exercise these rights, please contact us using the contact information provided below.

7. Google Analytics and Meta

We use Google Analytics to collect information about how users interact with our website. Google Analytics collects information such as how often users visit the site, what pages they visit, and what other sites they used prior to coming to our site. We use the information we get from Google Analytics only to improve our website and services. Google Analytics collects only the IP address assigned to you on the date you visit our website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

We also use Meta tags to optimize our website for search engines and to improve the visibility of our website in search engine results.

8. Children’s Privacy

Our Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If we become aware that we have collected personal information from a child under the age of 13, we will take steps to delete such information.

9. Contact Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at office@localpano.com .

10. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes.

This Privacy Policy was last updated on 01/01/2024