Owner BaumaScan GmbH
These General Terms and Conditions were created on August 1st, 2025 and are effective from this date.
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) govern the contractual relationship between BaumaScan GmbH (hereinafter “Provider”) and you (hereinafter “Sender”), in the version valid at the time the contract is concluded.
(2) Any deviating terms and conditions of the sender will be rejected. Please read these terms and conditions carefully before using a service, product or service from BaumaScan GmbH.
(3) At baumascan.com we offer you the following services: – 3D scanning software consisting of iOS Apple app and web app for measuring and managing the scans
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The sender must be over 18 years of age.
(3) Access to the use of the Baumaß3D service requires registration.
(4) By sending the registration, the sender accepts these General Terms and Conditions. With the dispatch, a contractual relationship arises between BaumaScan GmbH and the sender of the registration, which is governed by the provisions of these General Terms and Conditions.
(5) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is simply invited to make an offer.
(6) By ordering a paid service, the sender enters into a further contractual relationship with BaumaScan GmbH that is separate from the dispatch. Before concluding this contractual relationship, the user will be informed about the respective paid service and the payment conditions. The contractual relationship is created when the sender confirms the order, general terms and conditions and payment obligation by clicking the “Register” button.
(7) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in your customer account on the website. We will inform you for each service whether an electronic invoice is available. For more information about electronic invoices, visit our website.
§ 3 Description of the scope of services
The scope of services of baumascan.com consists of the following services:
(1) Provision of the BaumaScan app and web BaumaPortal (changes to the app are excluded)
(2) If the user would like to use a paid service, he or she will be informed in advance of the charge. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(3) The provider reserves the right to calculate different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.
§ 5 Payment conditions
(1) Any applicable fee must be paid to BaumaScan GmbH in advance at the time it is due without deduction.
(2) By registering, providing the information necessary for the payment process and using the paid service, the sender authorizes the operator to collect the corresponding amount.
(3) A paid service is automatically extended by the booked period of 12 months, unless it is canceled by telephone, email or letter within the cancellation period of 3 months before the subscription expires.
(4) The subscription is due on the following date: On the first working day of each month
(5) Certain payment methods can be excluded by the provider in individual cases.
(6) The sender is not permitted to pay for the service by sending cash or checks.
(7) If the sender chooses an online payment method, the sender thereby authorizes the provider to collect the amounts due at the time of the order.
(8) If the provider offers payment in advance and the sender chooses this payment method, the sender must transfer the invoice amount to the provider's account within five calendar days of receipt of the configuration.
(9) If the provider offers payment by credit card and the sender chooses this payment method, the sender expressly authorizes the provider to collect the amounts due.
(10) If the provider offers payment by direct debit and the sender chooses this payment method, the sender issues the provider a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or incorrect bank details, the sender must bear the costs.
(11) As soon as the contract is concluded via the “order for a fee” button, the sender will promptly receive an invoice, which must be paid immediately.
(12) If the sender defaults on payment, the provider reserves the right to claim damages for the delay.
(13) Processing can be carried out using the following payment methods: Bank transfer In the event of a return direct debit for which the sender is responsible, BaumaScan GmbH will charge a flat-rate compensation of €4.99 (four euros and ninety-nine cents). The sender can prove that no damage occurred at all or that it was significantly lower than the flat rate. The above regulations apply accordingly to payments of the purchase price of goods sold by third-party providers.
§ 6 Registration and termination
(1) Furthermore, the sender declares that he and, to his knowledge, no member of his household have been convicted of an intentional crime that endangers the safety of third parties, in particular not for a crime against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or because of theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or because of drug abuse.
(2) A user is entitled, subject to reservation, to unsubscribe in writing by post, email or telephone at any time without giving a reason. Requests to delete a customer account can be made at anfrage@baumascan.com.
(3) If a user has registered for a paid service, he or she can cancel at least 3 months before the booking period. If this deadline is not met, the paid service will be extended by this amount depending on the booking time selected and the termination will only become effective at the end of the subsequent booking period. Cancellation is possible by telephone, email or letter and will be confirmed by us in writing by email. In order for your cancellation to be assigned, the customer's full name, email address and address should be provided. In the case of cancellation by telephone, the individual telephone password is required.
(4) BaumaScan GmbH may terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. BaumaScan GmbH further reserves the right to remove profiles and/or any content published on the website by or by the user. If BaumaScan GmbH terminates the user's registration and/or removes the user's profiles or published content, BaumaScan GmbH has no obligation to inform the user about the reason for the termination or removal.
(5) Following any termination of any individual use of BaumaScan GmbH's services, BaumaScan GmbH reserves the right to send information about this to other registered users with whom BaumaScan GmbH assumes that they have been in contact with the user. The decision to terminate the user's registration and/or to notify other users with whom BaumaScan GmbH assumes that the user has been in contact does not imply or under no circumstances state that BaumaScan GmbH makes any statements about the individual character, general reputation, personal characteristics or lifestyle.
(6) Users are obliged not to provide any intentional or fraudulent false information in their profile or other areas of the portal. Such information may result in civil legal action. In such a case, the operator also reserves the right to terminate the existing contractual relationship with immediate effect.
(7) If a user's access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the user must pay compensation for the remaining contract term in the amount of the agreed fee less the saved expenses. The amount of expenses saved is set at a flat rate of 10% of the salary. Both contracting parties are free to prove that the damage and/or the expenses saved are actually higher or lower.
(8) After termination of the contractual relationship, all of the user's data will be deleted by BaumaScan GmbH.
§ 7 Limitation of liability (services)
(1) With the Baumaß3D service, BaumaScan GmbH assumes no responsibility for the content and accuracy of the information, activities and products on the respective website, which are included in the services offered by BaumaScan via Baumaß3D.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective senders involved. Therefore, BaumaScan GmbH is not liable for services provided by participating senders. Accordingly, all matters relating to the relationship between the Senders, including, without exception, services received by a Seeker or payments due to Senders, shall be addressed directly to the respective party to the. BaumaScan GmbH cannot be held responsible for this and hereby expressly rejects all possible liability claims of any kind, including demands, services, direct or indirect damage of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in whatever way in connection with the matters mentioned.
(3) BaumaScan GmbH is only liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by BaumaScan GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of BaumaScan GmbH.
(4) For other damages, insofar as they are not based on the breach of cardinal obligations (those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely), BaumaScan GmbH is only liable if they are based on an intentional or grossly negligent breach of duty by BaumaScan GmbH or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of BaumaScan GmbH.
(5) Claims for damages are limited to foreseeable, contract-typical damage. In the event of delay, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, body or health or freedom expire after 10 years; otherwise after 1 year, whereby the statute of limitations expires at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of it without gross negligence (Section 199 Para. 1 BGB).
(7) The provider reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and, if necessary, to delete it in whole or in part.
(8) If the user violates the terms of use by passing his user account on to third parties, BaumaScan GmbH reserves the right to close it
(9) If BaumaScan GmbH has filed for insolvency proceedings or BaumaScan GmbH has decided not to provide any further services, then the sender is not entitled to compensation. As soon as BaumaScan GmbH has decided to discontinue the services for creating apps based on the sender's website, this will be communicated to all senders in a written email.
(10) If scans are lost while stored on our servers. The user is therefore not entitled to any compensation.
(11) If the app fails due to technical problems on the sender's website, the sender must ensure that these are resolved.
§ 8 Offsetting and right of retention
(1) The sender only has the right to offset if the sender's counterclaim has been legally established or has not been disputed by the provider.
(2) The sender can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 9 Cancellation policy
(1) If the sender is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal: Commercial customers or commercial senders have no right of withdrawal or return. If the sender is a private person, he or she has the right to cancel this contract within fourteen days without giving reasons. The cancellation period for services is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must contact us:
BaumaScan GmbH
Am Büchele 18
86928 Hofstetten
Germany
Email: anfrage@baumascan.com
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the sample cancellation form on our website or send us another clear statement. If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation. To meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired and that you have returned the goods via our online returns center within the deadline defined below.
(3) Consequences of revocation If you revoke this contract, we must reimburse you all payments that we have received from you, including delivery costs (with the exception of the additional costs that arise from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount which corresponds to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
(4) Exceptions to the right of withdrawal You only have to pay for any loss in value of the goods if this loss in value is due to handling them that is not necessary to check the nature and functionality of the goods. The right of withdrawal does not exist or expires for the following contracts:
- for the delivery of goods that are not suitable for return for health protection or hygiene reasons and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
- to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- to supply goods that are made to customer specifications or clearly tailored to personal needs;
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
- for services if BaumaScan GmbH has provided them in full and you have acknowledged and expressly agreed before placing the order that we can begin providing the service and you will lose your right of withdrawal if the contract has been fully fulfilled;
- for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts;
- for the delivery of alcoholic beverages, the price of which was agreed upon when concluding the purchase contract, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
§ 10 Data protection
(1) If personal data (e.g. name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data over the Internet (e.g. via email) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this regard is excluded.
(3) Third parties are not entitled to use contact details for commercial activities unless the provider has given the data subjects prior written consent.
(4) You have the right to receive complete and free information from BaumaScan GmbH about the data relating to you at any time.
(5) The user also has the right to correct/delete data/restrict processing.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 11 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, users of this website can be provided with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, which are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; there is a banner available to you that you can object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on your hard drive or cookies that have already been stored are deleted. Instructions regarding preventing and deleting cookies can be found in the help function of your browser or software manufacturer.
§ 12 Severability clause
Should individual provisions of these terms of use be or become wholly or partially void or ineffective, this will not affect the effectiveness of the remaining provisions. Statutory law comes into force in place of provisions that are not included or are ineffective in these terms of use. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties will enter into negotiations to replace the omitted or ineffective provision with an effective regulation that comes as close as possible to it economically.
§ 13 Final provisions
(1) The contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use EXOAPP with the involvement of a parent or guardian.
(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion where you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules and conditions including these General Terms and Conditions at any time. The conditions of sale, contractual conditions and general terms and conditions in force at the time of your order will apply to your order, unless a change to these conditions is required by law or by government order (in which case they will also apply to orders you have previously placed). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this case occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.