General terms and conditions of business
QOOP Marketing GmbH · Sybelstraße 52 · 10629 Berlin · As of: 2026
This English version is provided for convenience only. In case of any discrepancy, the German version shall prevail.
General Terms and Conditions
§ 1 Scope and Contracting Parties
(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between QOOP Marketing GmbH, Sybelstraße 52, 10629 Berlin, Germany (hereinafter “QOOP” or “Contractor”), and its clients (hereinafter “Client”) for the provision of services in the fields of real estate marketing, visual communication and digital marketing solutions, as well as the development and operation of software applications and platform solutions.
(2) These GTC apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when entering into the legal transaction, act in the exercise of their commercial or independent professional activity. Contracts with consumers within the meaning of Section 13 BGB are excluded.
(3) Deviating, conflicting or supplementary general terms and conditions of the Client shall not become part of the contract unless QOOP expressly agrees to their validity in writing. This requirement also applies if QOOP begins performing services without reservation while aware of the Client’s terms and conditions.
(4) Individual provisions agreed mutually and in writing between the Client and QOOP shall always take precedence over these GTC.
§ 2 Conclusion of Contract and Offers
(1) Offers from QOOP are subject to change and non-binding unless expressly designated as binding. A contract is only concluded upon QOOP’s written order confirmation or upon commencement of performance.
(2) The Client is bound by its order or request for a period of four (4) weeks after receipt by QOOP, unless a different period has been expressly agreed.
(3) Service descriptions in offers, catalogues, price lists and other documents from QOOP only form part of the contract if they have been expressly included in the respective order confirmation or the contract for work.
(4) Amendments or additions to the contract must be made in writing. This also applies to the waiver of the written form requirement itself.
§ 3 Subject Matter of Services
On the basis of individual project agreements, QOOP provides in particular the following services:
– Conception, creation and marketing of visual content, in particular photorealistic 3D renderings (flat renderings), animations and interactive presentations for real estate projects
– Virtual staging: digital furnishing and fit-out visualisation of empty or newly built shell-construction rooms
– 360° virtual tours: immersive tour presentations of interior and exterior areas usable across devices
– Project Explorer (Flat Finder / Navigator): all-in-one platform for the digital presentation and marketing of real estate projects. Prospective buyers can explore projects interactively, view units in real time in the 360° viewer, see prices, floor areas and availability, and make direct contact
– Project Dashboard: web-based CMS application for the centralised management and maintenance of project content and unit data
– Project Insight: analytics module for evaluating user behaviour and engagement within the digital platform applications (aggregated statistics)
– Consulting services, marketing conception and implementation, and creation of sales and communication materials for the real estate industry
The specific scope of services results from the respective offer and order confirmation. QOOP provides all services without the use of subcontractors, unless otherwise agreed in writing in individual cases.
(7) QOOP’s visualisations, in particular renderings, animations and virtual tours, are by default created without people. The depiction of people or animated scenes requires an express written agreement and must be commissioned separately.
(8) Electrical and building services installations (in particular sockets, light switches, light fittings, radiators) are placed in visualisations in sensible and customary positions and in a reasonable number, on a non-binding basis. Incorporating project-specific electrical and building services planning (e.g. based on the electrical engineer’s construction drawings) is not part of the standard scope of services and must be commissioned separately. Any liability for the completeness or standard-compliant placement of the installations depicted is excluded.
(9) Unless expressly agreed otherwise, furnishing and fit-out in visualisations is based exclusively on a standard fit-out with generic furniture and furnishings (e.g. from commercially available 3D libraries). Individual furnishing planning with specific manufacturer, series or designer products, or furnishing based on the Client’s specific interior design concepts, is not included in the standard scope of services and must be agreed and remunerated separately. This applies to all presentation formats, in particular renderings, virtual staging, 360° tours and the Project Explorer.
(10) All visualisations created by QOOP, in particular renderings and animations, are digital representations created on the basis of the planning documents available at the time the order is placed. Colour, material and surface representations on digital devices may differ from their perception on physical samples, prints or the building as actually constructed. QOOP gives no guarantee that digital colour representations correspond to printed colour samples, material samples or craftsmanship as executed. The visualisations are not to be understood as binding colour samples or execution samples.
(11) The visualisations created reflect the planning status at the time the order is placed. QOOP is not liable for subsequent planning changes made by the Client or third parties being reflected in materials already delivered. The Client is responsible for checking delivered visualisations for consistency with the current planning status before publication. The use of outdated visualisations is at the Client’s sole risk.
(12) Insofar as QOOP uses architectural or engineering plans provided by the Client to create visualisations, the Client shall ensure that it holds the necessary rights of use to these plans, in particular the right to have them used by third parties for visualisation purposes. QOOP accepts no liability for any copyright infringements arising from the use of planning documents provided by the Client.
§ 4 Work Performance, Previews and Acceptance
(1) QOOP’s services are provided as work performance within the meaning of Sections 631 et seq. BGB. The contractually agreed work is owed, not a specific result beyond the agreed outcome. At the start of the project, a binding schedule is drawn up setting out the key milestones (start of production, presentation of previews, final delivery).
(2) Unless expressly agreed otherwise, the remuneration includes one (1) correction round after presentation of the preview version. A correction round comprises revision on the basis of the Client’s change requests, submitted once in bundled and complete form. Individual change requests submitted one after another that require a further revision may be treated as separate correction rounds. Each additional correction round is charged at the hourly rate applicable at the time the service is performed. Feedback, approvals and change requests may only be given by the Client itself or by a person expressly authorised by the Client in writing. Feedback from third parties without proven authorisation will not be taken into account by QOOP and does not give rise to any claim to rework.
(3) The Client is obliged to inspect the completed work without undue delay, but no later than ten (10) working days after handover, and to notify any defects in writing. If no notices of defects are raised within this period, the work shall be deemed accepted.
(4) Minor defects that do not significantly impair the usability of the work do not entitle the Client to refuse acceptance.
(5) Change requests from the Client received after presentation of the final version are special requests and will be commissioned and remunerated separately.
(6) The processing time begins with QOOP’s written confirmation of receipt of complete project documents. The applicable processing time results from the individual offer or the binding schedule drawn up at the start of the project. Processing times are extended accordingly if planning changes or more extensive correction requirements arise.
(7) The Client is aware that planning changes after the start of production may cause additional costs. Changes to the project specifications after the start of production will be charged as a supplement at the agreed hourly rate. Plans handed over or changed subsequently cannot be incorporated within the scope of the existing order unless this has been expressly and separately commissioned.
(8) Image material (renderings, still images) is delivered by default in JPEG format with a resolution of 4,000 pixels on the longest side (4K). Video animations are delivered in MP4 format. For web-based platform applications (in particular Project Explorer / Flat Finder / Navigator), a standard resolution of 2K to 4K applies, depending on technical requirements and agreement. Different formats or resolutions may be agreed separately. The scope of delivery does not include 3D source files, models or project files (e.g. from 3ds Max, Blender or comparable programs). The Client has no claim to the handover of source files unless this has been expressly agreed in writing.
(9) Before final production or before moving to the next production phase, written approval by the Client is required. If the Client does not give a requested approval within a reasonable deadline set by QOOP, QOOP is entitled to suspend work on the project until the approval is received. Resulting delays shall not be borne by QOOP; agreed delivery and performance deadlines are postponed accordingly.
§ 5 Client’s Obligations to Cooperate
(1) The Client is obliged to provide QOOP with all information, documents, plans, CAD data, floor plans, colour concepts, fit-out details and other materials required for the provision of the agreed services in good time, in full and in a suitable format.
(2) The Client shall name a responsible contact person to QOOP who is authorised to issue approvals and instructions.
(3) Changes to the project specifications after the start of performance must be communicated without undue delay. Additional expenses arising from late or incomplete information or from subsequent changes will be invoiced to the Client separately.
(4) The Client ensures that the materials it provides (in particular plans, photos, logos, texts) are free of third-party rights or that it holds the necessary rights of use to pass them on to QOOP. QOOP is not liable for infringements of rights based on the use of materials provided by the Client.
(5) If agreed cooperation services are not provided by the Client, not provided in time or not provided in full, QOOP is entitled to postpone agreed delivery and performance deadlines accordingly and to invoice the Client for any additional costs incurred.
§ 6 Remuneration and Terms of Payment
(1) The remuneration is based on QOOP’s individual offer. All prices are exclusive of statutory value added tax.
(2) Unless otherwise provided in the offer or order confirmation, the following payment structure applies:
– 25% of the order total as a down payment upon placing the order (invoiced with the order confirmation)
– 50% of the order total upon handover of the preview versions to the Client
– 25% of the order total (remaining balance) upon delivery of the final work results
(3) Invoices are due for payment without deduction within ten (10) calendar days of the invoice date. In the event of default, QOOP is entitled to charge default interest of nine (9) percentage points above the applicable base interest rate pursuant to Section 288 (2) BGB.
(4) The Client may only set off counterclaims that are undisputed or have been finally established by a court. The Client may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
(5) QOOP is entitled to secure outstanding payments by withholding work results not yet delivered.
(6) In the event of significant changes to the agreed scope of services or rework going beyond the agreed correction round, QOOP will prepare a separate supplementary offer, the acceptance of which is a prerequisite for the start of the rework.
§ 7 Copyright and Rights of Use
(1) All works created by QOOP, in particular 3D renderings, animations, virtual tours, interactive applications, software products and other visualisations, are protected by copyright.
(2) Upon full payment of the agreed remuneration, QOOP grants the Client a simple (non-exclusive) right of use, unlimited in time, to the delivered works for the contractually agreed purpose. The right of use includes in particular use within the scope of the respective real estate project depicted for marketing and communication purposes.
(3) QOOP reserves the right to use the works created for its own marketing purposes, in particular for presentation on its own website, in portfolios, on social media channels and at trade fairs. This right applies equally to the managing directors of QOOP Marketing GmbH and to companies affiliated with QOOP Marketing GmbH within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG) (in particular sister and subsidiary companies), in each case for their own advertising purposes. Any contrary wish of the Client must be expressly agreed in writing before the order is placed.
(4) The Client is entitled to pass on the rights of use granted to it to third parties, in particular to commissioned agencies, marketing partners or media service providers, insofar as this is done within the scope of the contractually agreed purpose of use.
(5) The Client is entitled to edit, modify or adapt the delivered works insofar as this is necessary for the contractually agreed purpose of use (e.g. cropping, format adaptation, colour correction for print or web). Any fundamental further development of the content that significantly changes the overall artistic character of the work requires prior consultation with QOOP. QOOP’s right to original authorship and to be named as author remains unaffected.
(6) Rights of use only pass to the Client upon full payment of the agreed remuneration. Until then, the exclusive right of use remains with QOOP.
§ 8 Delivery and Performance Deadlines
(1) Information on delivery and performance deadlines is non-binding unless expressly agreed in writing as binding.
(2) Delivery and performance deadlines begin at the point in time at which QOOP has informed the Client in writing that all required project documents and information are complete.
(3) Delivery and performance deadlines are extended appropriately in the event of force majeure, operational disruptions, official measures or other unforeseeable events for which QOOP is not responsible, as well as in the event of late or incomplete cooperation by the Client.
(4) QOOP is entitled to make partial deliveries, provided this is reasonable for the Client.
(5) Insofar as QOOP provides web-based platform applications as part of a project (in particular Project Explorer / Flat Finder, Project Dashboard), the scope of services includes hosting and technical maintenance of the application for a period of two (2) years from the first publication of the platform, unless a different term has been expressly agreed. After expiry of this period, QOOP is entitled to charge a separate annual fee for continued hosting and maintenance. If no corresponding agreement is reached, QOOP is entitled to take the platform offline after giving reasonable prior notice of at least four (4) weeks. The Client has no claim to permanent hosting beyond the agreed period.
§ 9 Warranty for Defects
(1) QOOP warrants that the services provided are free of material defects and defects of title at the time of acceptance and have the agreed characteristics.
(2) In the event of a defect, QOOP is entitled to subsequent performance at its own discretion by rectification or new production. QOOP shall be granted at least two (2) attempts at subsequent performance.
(3) If subsequent performance fails twice, the Client is entitled, at its discretion, to reduce the remuneration or to withdraw from the contract.
(4) Obvious defects must be notified by the Client in writing without undue delay, but no later than seven (7) working days after delivery or acceptance. If obvious defects are not notified or not notified in time, warranty rights are excluded in this respect.
(5) There is no defect if the service was created on the basis of plans, specifications or samples provided by the Client and the deviation is due to incorrect or incomplete specifications.
§ 10 Limitation of Liability
(1) QOOP is liable without limitation for damage based on intent or gross negligence and for damage resulting from injury to life, body or health.
(2) In the event of slight negligence, QOOP is only liable if an essential contractual obligation (cardinal obligation) has been breached, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Client may regularly rely. In this case, QOOP’s liability is limited in amount to the foreseeable damage typically arising, but to no more than the order value of the respective project.
(3) QOOP accepts no liability for:
– the economic success of the marketing materials created or the platform solutions used
– the accuracy and completeness of the project data, plans and materials provided by the Client
– damage caused by impermissible or improper use of the delivered works or platforms by the Client or third parties
– technically caused, temporary interruptions or restrictions of platform availability, unless these are based on gross negligence or intent on the part of QOOP
– the loss of data, insofar as the Client has not taken appropriate data backup measures
(4) The above limitations of liability also apply in favour of QOOP’s legal representatives and vicarious agents.
(5) Insofar as QOOP’s liability is excluded or limited, this also applies to the personal liability of QOOP’s staff, employees and agents.
(6) Any claims of the Client under tort law remain unaffected by the above provisions.
§ 11 Confidentiality
(1) Both parties undertake to keep permanently secret all information received in the course of the contractual relationship that is marked as confidential or is confidential by its nature, and to use it only for the purpose of fulfilling the contract.
(2) This confidentiality obligation does not apply to information that (a) was already known to the other party before disclosure, (b) is or becomes generally publicly available without this being due to a breach of duty, (c) is disclosed by a third party without confidentiality obligations, or (d) is independently developed by the receiving party.
(3) The confidentiality obligation continues for a period of three (3) years after the end of the contractual relationship.
§ 12 Data Protection
(1) Insofar as QOOP processes personal data on behalf of the Client in the course of providing its services, the parties shall conclude a data processing agreement (DPA) pursuant to Art. 28 GDPR.
(2) QOOP processes the Client’s personal data (contact persons, contact details) exclusively for the purpose of processing the contract and in accordance with QOOP’s applicable privacy policy, available at www.qoop.de.
(3) Further information on data processing can be found in QOOP’s privacy policy.
§ 13 Right to Use as Reference
QOOP is entitled to name and depict the Client’s name and logo as well as the services provided for the Client as a reference in its own marketing materials, on its website, on social media and in presentations, provided this does not cause the Client any significant disadvantage. The Client may object to the use as a reference in writing at any time; QOOP will cease such use within a reasonable period, at the latest after fourteen (14) days.
§ 14 Termination and Withdrawal
(1) The right to extraordinary termination for good cause remains unaffected.
(2) If the Client withdraws from an order placed or terminates it without good cause, it is obliged to pay in full for the services performed by QOOP up to the time of withdrawal. In addition, QOOP is entitled to charge a cancellation fee according to the following scale:
– Withdrawal after placing the order but before the start of performance: 20% of the order total
– Withdrawal after the start of performance until presentation of the previews: work performed plus 15% of the remaining order total
– Withdrawal after presentation of the previews: work performed plus 10% of the remaining order total
(3) The Client reserves the right to prove that a lower loss has been incurred. QOOP reserves the right to prove that a higher loss has been incurred.
§ 15 Use of Artificial Intelligence (AI)
(1) By default, QOOP does not use artificial intelligence to create visualisations, renderings, animations and other digital content. Creation is based on established 3D software and manual processing by qualified specialists.
(2) In individual cases, QOOP may use AI-supported tools for post-processing or optimising existing image material (AI post-processing), provided this has been agreed in the individual case or is advisable for technical reasons. The Client will be notified of this.
(3) When image material undergoes AI post-processing, minor inaccuracies, artefacts or stylistic deviations in details may arise for technical reasons (e.g. in textures, surfaces, perspectives or proportions). These are inherent to the system and cannot be completely ruled out even with careful quality control. QOOP assumes no warranty and no liability for such technically caused inaccuracies in detail arising from AI-supported post-processing, provided the overall result meets the agreed quality requirements.
(4) If the Client wishes to expressly exclude the use of AI, this must be agreed in writing before the order is placed.
§ 16 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, provided the Client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. QOOP is also entitled to sue the Client at its general place of jurisdiction.
(3) Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions remains unaffected. In place of the invalid provision, the valid provision that comes closest to the economic purpose of the invalid provision shall be deemed agreed.
(4) QOOP is entitled to amend these GTC with reasonable prior notice of at least four (4) weeks. If the Client does not object to the amendment in writing within this period, the amended GTC shall be deemed accepted.
(5) There are no verbal side agreements. Amendments and additions to this contract must be made in writing.