Terms and conditions

As of: 20 July 2026

Provider: Kasperek & Petto GbR (formerly Blickwinkel Tour GbR)
Allersberger Straße 185, Building L1a
90461 Nürnberg
Germany

Represented by the partners René Kasperek and Arthur Petto

Download terms and conditions as PDF (German)

§ 1 Scope and subject matter

(1) These Terms of Use apply to use of the Splexit platform (the “Platform”) operated by Kasperek & Petto GbR (formerly Blickwinkel Tour GbR) (the “Provider”): the cloud platform (SaaS) available at splexit.de and app.splexit.de, the associated Companion app for mobile devices, and the application for XR devices where these connect to infrastructure operated by the Provider.

(2) The Platform enables the creation, management, and presentation of spatial learning environments and immersive content on XR devices.

(3) These Terms of Use do not apply to instances of Splexit software operated independently by third parties on their own infrastructure and under their own responsibility (self-hosting). No contractual relationship exists between the Provider and operators or users of such instances. Only the Apache 2.0 licence and the Trademark Policy (§ 13) apply there.

(4) These Terms of Use apply to all users of the Platform, regardless of account type (§ 3) and licence form (§ 4).

(5) Deviating or supplementary terms of users are recognised only if the Provider has expressly agreed to them in writing.

(6) Where an institution, Edu Enterprise, or Enterprise licence (§ 4) is concluded, the provisions of the respective licence agreement apply in addition. In case of conflict, the licence agreement prevails.

§ 2 Conclusion of contract, registration, and technical requirements

(1) Registration of an account on the Platform constitutes an offer by the user to conclude a usage contract. The contract is formed when the Provider confirms registration or grants access to the Platform. There is no entitlement to acceptance.

(2) Registration requires a valid email address. Under an institution, Edu Enterprise, or Enterprise licence, registration may take place via institutional single sign-on (SSO) where the licensee has set this up.

(3) Users must provide truthful information when registering and update changes without undue delay. Access credentials must be kept confidential and must not be shared with third parties.

(4) Contract language and contract text. The contract language is German. These Terms of Use may be accessed, saved, and downloaded as a PDF before conclusion of the contract. The Provider stores the applicable version and keeps it permanently available at splexit.de/en/terms-and-conditions and splexit.de/allgemeine-geschaeftsbedingungen (German).

(5) Technical requirements. Use of the Platform requires suitable end devices and an internet connection. Data connection costs may be charged by the respective provider. If Splexit applications are obtained in future via app stores or XR device stores, the terms of the respective store operator apply additionally; the Provider has no influence over them.

(6) Use of the Platform by minors requires consent of a legal guardian. Mere participation in a presentation via an XR device or the Splexit Companion App requires neither an account nor login (§ 12(6)); the supervising person is responsible for the suitability of the content.

§ 3 Account types

The Platform distinguishes three account types. The account type determines the feature set and permissions of the individual user. Account types do not build on one another: Professional and Education differ in both directions. The current feature comparison is set out in the service overview at splexit.de/en/pricing.

(1) Free account (no charge)

Access to core Platform features with limits on the number of active projects, available storage, and access to integrations.

Modules are not included in the Free account and must be purchased separately. There is no access to Education-only modules.

(2) Professional account (paid)

Extended features, including higher project and storage limits, access to integrations (e.g. Sketchfab), and AI-assisted features.

The Professional account is the only account type that may offer its own content for a fee (monetise) in the Marketplace (§ 16).

There is no access to Education-only modules.

(3) Education account (paid, discounted, proof required)

The Education account is offered at a reduced fee compared with the Professional account and requires proof of educational affiliation under § 5.

Compared with the Professional account:

Additionally: free access to Education-only modules — content available exclusively to Education accounts and not offered for general purchase.
Additionally: own content may be published in the Marketplace as Education-only modules and made available to other Education accounts.
Restricted: no monetisation in the Marketplace. Paid exploitation of own content requires a Professional account.
Further differences are set out in the service overview at splexit.de/en/pricing.

(4) The Provider reserves the right to develop the feature set of individual account types. Material restrictions of existing features will be announced with reasonable notice of at least 30 days. Extensions of the feature set do not require prior notice.

§ 4 Licence forms

In addition to individual use, the Provider offers organisation-wide licences. The licence form determines which account type is provided to assigned users.

(1) Individual licence

Individual users may use a Free account, a Professional account, or — upon proof of educational affiliation (§ 5) — an Education account directly.

(2) Institution licence / Edu Enterprise licence

For education-related institutions within the meaning of § 5. The licensee institution provides proof of educational affiliation once for the entire organisation. Individual proof by each user is not required.

The licence includes a contractually agreed number of administrator seats and participant seats:

Administrators have the permissions of an Education account plus organisation management. This includes in particular management of assigned users, purchase of modules for the organisation, and assignment of modules to the organisation.
Participants have the permissions of an Education account (§ 3(3)). They cannot manage the organisation; in particular they cannot purchase modules for the organisation or assign organisation modules.

The fee for all assigned accounts is borne by the licensee institution.

The number of seats may be increased during the contract term; billing is pro rata until the end of the current contract period. A reduction in seat count is possible from the next contract period.

The licence also includes organisational features: SSO integration, admin dashboard, shared content library, and central user management.

Participation in presentations is not limited and does not require accounts (§ 12(6)). Seat count applies only to users who create content.

(3) Enterprise licence

For companies and other organisations that do not meet or do not wish to use the requirements of § 5.

All users assigned to the licence receive a Professional account, including the option to monetise in the Marketplace. Access to Education-only modules is not included.

Individual users within an Enterprise licence may additionally receive an Education account if they individually provide proof of educational affiliation under § 5. Education entitlement is person-bound in that case.

Administrator and participant seats are governed by paragraph 2 accordingly.

Enterprise licensees may additionally conclude a white-label agreement for self-operation (§ 13(6)). This is not part of the Enterprise licence and is remunerated separately.

(4) Institution, Edu Enterprise, and Enterprise licences are concluded on the basis of a separate licence agreement. Current terms are available at splexit.de/en/pricing or on request.

(5) The licensee is responsible for ensuring that only authorised persons are assigned to the licence and designates a person responsible for user management.

(6) Transfer of an existing account into a licence.

If an existing individual account is assigned to an institution, Edu Enterprise, or Enterprise licence:

Assignment requires consent of the affected user.
From the time of assignment, the licensee institution bears the fee for that account.
The previous individual contract ends at the time of assignment. Fees already paid in advance are refunded to the user pro rata for the unused period.
The user’s own content and personally licensed modules remain assigned to the user and are not transferred to the institution.
If the licence ends later, § 15(6) applies.

§ 5 Educational affiliation and proof

(1) The Education account and institution or Edu Enterprise licence require affiliation with an education-related institution. The Provider grants these reduced terms to institutions and persons with an educational, mediation, or training mandate.

(2) The following are considered education-related in particular, regardless of public or private ownership:

Schools of all types;
Media centres and comparable media-education institutions;
Universities, colleges, and universities of applied sciences;
Vocational training institutions, training centres, and adult education providers;
Companies that train in occupational profiles for immersive media, media design, or related fields;
Museums, memorial sites, and comparable cultural institutions with a mediation mandate;
Foundations, associations, and other organisations with a non-profit educational mandate;
Libraries and public educational institutions.

(3) Proof is intentionally low-threshold. It is deemed provided if the account uses an email address of an institution under paragraph 2. No further proof is required in that case.

(4) If the account is to use a private email address, a one-time confirmation from an institutional email address to the Provider suffices. Further documents are not required.

(5) In cases not covered by paragraphs 3 or 4, proof is agreed directly between the Provider and the person or institution concerned. The Provider does not require documents that would need to be retained.

(6) The Provider does not store proof documents beyond paragraphs 3 to 5. Verification serves solely to assign the correct tariff.

(7) If educational affiliation ceases, the Education account may continue to be used until the end of the current contract period. Renewal as an Education account will not take place thereafter; the user may instead take out a Professional account or switch to the Free account.

(8) When an Education account ends — by cancellation, expiry of the contract period, loss of educational affiliation, or end of the underlying institution or Edu Enterprise licence — the following applies:

The account is downgraded to the Free account.
Access to Education-only modules ceases entirely; the corresponding entitlement is tied to the Education account and is not continued.
Projects that use Education-only modules can no longer be opened, edited, or presented.
Own content that does not use Education-only modules remains under § 15(5).

The Provider clearly indicates within the Platform which projects use Education-only modules and informs users before expiry of the contract period of the consequences.

§ 6 Prices and payment

(1) Use of the Free account is free of charge. For Professional and Education accounts and for institution, Edu Enterprise, and Enterprise licences, the prices published at conclusion of the contract or agreed in the contract apply.

(2) Paid accounts and licences are billed as annual subscriptions. Billing is in advance. For institution, Edu Enterprise, and Enterprise licences, billing is by invoice.

(3) Payment default. If a fee due is not paid on time, the Provider may, after prior reminder and setting a reasonable grace period, restrict access or downgrade to the Free account. Users’ content is unaffected and is retained under § 15(4) and (5). Statutory default claims remain unaffected.

(4) Price changes are announced at least 30 days before they take effect. They apply only from the next billing period. In case of price increases, a special right of termination applies when the change takes effect. No refund is made if the price is reduced after conclusion of the contract or promotional offers are granted subsequently.

(5) All prices stated include statutory VAT unless otherwise indicated. For licences invoiced to traders within the meaning of the German VAT Act, net prices plus VAT may be shown.

§ 7 Voucher codes, promotional offers, and distribution partners

(1) Voucher codes. The Provider may issue voucher codes entitling the holder to the service stated on the code. Codes may be issued free of charge (e.g. at events, workshops, or partnerships) or purchased for a fee. No cash payment, interest, or splitting of credit is provided.

(2) Codes not yet redeemable. Voucher codes intended for redemption in the Marketplace can be redeemed only once the Marketplace is available. The Provider intends to make the Marketplace available by the end of 2026. The current lack of redeemability is expressly pointed out when codes are issued.

Codes already issued remain redeemable from Marketplace availability for the period stated at issuance, for at least twelve months. Statutory limitation remains unaffected.

(3) Non-provision. If the Marketplace is not provided:

For codes issued free of charge, there is no claim to payment or substitute performance. The Provider will endeavour to provide equivalent substitute performance.
For codes purchased for a fee, the amount paid is refunded in full.

(4) Promotional offers. The Provider may grant time- or quantity-limited promotional offers, trial phases, and special terms. The conditions stated at issuance apply. The Provider may revoke promotional offers and trial phases if there is justified suspicion of abusive use.

(5) Codes and licences via distribution partners. If codes or licences are obtained via distribution partners (e.g. media centres, specialist retailers) or third-party platforms (e.g. app stores), their terms apply additionally. In case of conflict, the terms of the respective distribution partner or third-party platform prevail, in particular regarding payment, refund, and withdrawal. The Provider accepts no responsibility for third-party platform terms.

(6) In the cases of paragraph 5, the contracting party is the seller indicated on the respective order or invoice.

§ 8 Right of withdrawal and refund

(1) Statutory right of withdrawal for consumers. Consumers have a statutory right of withdrawal of 14 days. Details are set out in the right-of-withdrawal notice in Annex 1 (PDF, German).

(2) Electronic withdrawal function (Section 356a BGB). Consumers may also exercise their right of withdrawal via a permanently available, easily accessible electronic withdrawal function (“Withdrawal button”) on the Platform during the withdrawal period. After submission of a withdrawal declaration via this function, the Provider promptly sends the consumer confirmation of receipt on a durable medium (e.g. by email), including the content of the withdrawal declaration and the date and time of receipt. The option to withdraw by other means (e.g. email or post) remains unaffected.

(3) No early expiry. The Provider does not use the option to have the right of withdrawal expire early when performance begins immediately (Section 356 BGB). The right of withdrawal remains in full for 14 days even if the Platform is used during that period.

(4) Voluntary refund for contracting parties. In addition to the statutory right of withdrawal, the Provider grants all contracting parties who concluded their contract as private individuals an unconditional refund within 14 days of conclusion of the contract. No reason is required; no follow-up questions are asked.

(5) Refund is made in full via the same payment method used for payment, unless otherwise agreed. Refund is initiated without undue delay, at the latest within 14 days of receipt of the declaration.

(6) No compensation for value is charged for use up to withdrawal or refund.

(7) For services obtained via distribution partners or third-party platforms, § 7(5) applies.

§ 9 Usage rights, trademark, and intellectual property

(1) Platform software. The source code of the Splexit Platform is published as open-source software under the Apache 2.0 licence.

(2) Trademark. “Splexit” is a European Union trade mark registered with the EU Intellectual Property Office (EUIPO), protected in classes 9, 35, and 42 (registration number: 019365485).

The Apache 2.0 licence grants usage rights in the source code; it expressly transfers no rights in the trade mark, logo, or other signs of the Provider (cf. section 6 of the Apache 2.0 licence). Use of the trade mark is governed solely by the Trademark Policy (TRADEMARK.md) in the source-code repository. This applies in particular to self-operated instances (§ 13).

(3) User content. Users retain all rights in content they create and upload (text, images, 3D models, 360° media, and other materials). By uploading, users grant the Provider a simple, non-exclusive, revocable licence to the extent required for technical provision of the service (storage, transmission, display, caching, synchronisation to end devices). No broader licence — in particular for advertising, analytics, or training purposes — is granted (§ 12).

(4) Modules. Modules, premium modules, and Education-only modules are subject to the respective licence terms. Unless expressly stated otherwise, users receive a simple, non-transferable right of use within the Platform.

(5) Purpose limitation of the Education area. The Education account, institution or Edu Enterprise licence, and Education-only modules serve the educational, mediation, and training activity of the entitled person or institution. The right to use Education-only modules is tied to the existing Education account and ends with it (§ 5(8)).

Without separate agreement with the Provider, use predominantly for commercial purposes outside the educational mandate is not permitted, in particular:

in the context of paid services for third parties (e.g. commissioned productions, agency services);
to promote own or third-party products and services;
in the context of commercial events, trade fairs, or public broadcasts.

Training and continuing education offers of education-related institutions within their educational mandate are not covered, even if participation fees are charged. The Enterprise licence is available for the commercial uses listed above.

(6) Users are responsible for ensuring that content they upload and share does not infringe third-party rights (in particular copyright, trade marks, personality rights).

§ 10 User obligations and indemnification

(1) Users undertake to use the Platform only in accordance with these Terms of Use and applicable law.

(2) The following is prohibited:

Uploading or distributing content that is unlawful, glorifies violence, is pornographic, discriminatory, offensive, or unsuitable for use with minors;
Sharing Education-only modules with unauthorised persons or making them accessible outside the Platform;
Using the Platform to distribute unsolicited advertising or unsolicited messages;
Harassing or threatening others or impersonating another person or the Provider;
Circumventing technical protection measures, reverse engineering the software, or using the Platform in a way that impairs its functionality or security;
Automated access (scraping, bots) without prior written consent of the Provider;
Creating accounts for third parties or sharing access credentials unless expressly provided for under an institution, Edu Enterprise, or Enterprise licence.

(3) Persons who use Splexit in teaching or training with minors bear pedagogical responsibility for selecting suitable content.

(4) Indemnification. Users shall indemnify the Provider against all third-party claims arising from infringement of their rights through content posted by users or from contractual or unlawful use of the Platform. Indemnification includes the costs of reasonable legal defence.

The duty to indemnify does not apply to the extent users are not responsible for the infringement.

The Provider will inform users promptly of asserted claims and give them an opportunity to comment; users shall inform the Provider promptly when they become aware of such claims. Users must remove challenged content or obtain the necessary rights.

(5) If there is justified suspicion of misuse of access credentials, the Provider may temporarily suspend access. The Provider informs the affected person without undue delay in text form.

§ 11 Availability, security, and support

(1) The Provider endeavours to maintain high availability of the cloud Platform but does not guarantee uninterrupted or error-free provision. Maintenance is announced where possible. Necessary maintenance and outages due to force majeure are excluded from availability calculations.

(2) The Platform is designed so that content synchronised once to XR devices can be presented without an active internet connection (offline use). Creating, editing, and synchronising content requires an internet connection. The Provider does not warrant functionality that requires an internet connection when connectivity is unavailable.

(3) No data backup as part of the service. Provision of the Platform does not include backup of content created or uploaded by users. Users are responsible for backing up their content regularly.

(4) Security. The Provider implements appropriate technical and organisational measures in line with the state of the art to protect data processed on the Platform. Details are set out in the privacy policy (§ 12(1)).

(5) Support is offered in varying scope depending on account type and licence form. Details are available at splexit.de/en/pricing or in the licence agreement. There is no entitlement to individual support on the Free account.

§ 12 Privacy, data minimisation, and ad-free operation

(1) The Provider processes personal data in accordance with the privacy policy at splexit.de/en/privacy and in compliance with the GDPR and the German Federal Data Protection Act.

(2) No advertising, tracking, or profiling. The Provider does not collect, process, or analyse usage and behavioural data for advertising, ad delivery, profiling, scoring, or comparable evaluation. This applies permanently and will not be changed in future.

(3) No disclosure for advertising purposes. Personal data is not sold, rented, or transferred to third parties for advertising or analytics purposes.

(4) No third-party tracking technologies. No third-party advertising or tracking technologies are used in the Platform and associated applications.

(5) Data minimisation. The Provider processes only data required to provide the service: account management, billing, operational security, and technical error diagnosis. User content is not evaluated for analytics purposes or for training AI models.

(6) No learner accounts. The Platform currently does not provide accounts for learners. Participation in a presentation via an XR device or the Splexit Companion App requires neither an account nor login; personal data of participants is not collected. If learner access is introduced in future, separate provisions will be published in advance.

(7) Where personal data of third parties is processed under a licence, the Provider and licensee conclude a data processing agreement under Article 28 GDPR. The Provider provides a template for this purpose.

(8) Proof of educational affiliation under § 5 is low-threshold and does not involve retention of proof documents.

§ 13 Self-hosting

(1) Splexit software may be self-operated under the Apache 2.0 licence. The Provider makes source code available; the Provider does not operate the instance in that case.

(2) These Terms of Use do not apply to self-operated instances. Account types (§ 3), licence forms (§ 4), educational proof (§ 5), prices (§ 6), and privacy undertakings (§ 12) apply exclusively to the Platform operated by the Provider.

(3) The operator of a self-operated instance is solely responsible for operation, availability, security, content, and compliance with data protection obligations towards its own users. The Provider is neither controller nor processor in that respect.

(4) If official Splexit applications are configured to connect to an instance not operated by the Provider, the Provider has no access to data and content processed there and accepts no responsibility for them.

(5) Software is provided without support and without warranty “as is”, as provided in the Apache 2.0 licence. The Provider is not liable for self-operated instances.

(6) Trade mark and white label. Operating a self-hosted instance under the name “Splexit” is permitted only under the Trademark Policy (§ 9(2)). Removal or replacement of Splexit branding (white label) is not permitted without separate agreement. Enterprise licensees may conclude a corresponding white-label agreement; this is remunerated separately.

(7) Access to the Marketplace is not part of self-hosting and requires a separate agreement with the Provider.

§ 14 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body, or health, for breach of a guaranteed characteristic, and under the Product Liability Act.

(2) For simple negligence, the Provider is liable only for breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment enables proper performance of the contract in the first place, whose observance users may regularly rely on, and whose breach jeopardises achievement of the contract purpose. In that case liability is limited to foreseeable, typical contract damage.

(3) Strict liability for defects existing at conclusion of contract under Section 536a(1) alt. 1 BGB is excluded.

(4) Liability for indirect damage, loss of profit, and loss of data is excluded for simple negligence. For loss of data, the Provider is liable only to the extent restoration would have been necessary even with proper backup by users (§ 11(3)).

(5) Otherwise liability is excluded.

(6) For self-operated instances, § 13(5) applies.

(7) The above limitations of liability also apply in favour of the Provider’s vicarious agents.

§ 15 Term, termination, and inactive accounts

(1) The usage contract for the Free account is concluded for an indefinite period and may be terminated by either party at any time without giving reasons. Users may delete their account at any time in account settings.

(2) Paid accounts and licences run for one year and renew automatically for a further year unless terminated at least 30 days before expiry.

(3) The right to terminate for good cause without notice remains unaffected.

(4) After termination, users’ content is retained for 90 days for backup and download. After that period, the Provider may delete content irrevocably. The Provider informs users in good time before deletion.

(5) On downgrade to the Free account, existing own content remains but is read-only and not editable beyond Free limits. New content can be created only when Free limits are met again. For projects using Education-only modules, § 5(8) prevails.

(6) When an institution, Edu Enterprise, or Enterprise licence ends, assigned accounts are downgraded to the Free account unless the users concerned take out an individual licence. Paragraphs 4 and 5 apply accordingly.

(7) Inactive accounts. The Provider may delete free accounts that have not been used for more than 24 months. The Provider announces deletion at least 30 days in advance by email to the address on file and gives an opportunity to continue the account by logging in or to back up content. Paid accounts and accounts within a running licence are not affected.

§ 16 Marketplace

(1) Listing and acquisition of content in the Marketplace is governed by the current Marketplace terms in addition to these Terms of Use.

(2) On the Marketplace the Provider acts as intermediary, not as seller of third-party content, unless expressly stated otherwise.

(3) Paid listing (monetisation) requires a Professional account. Education accounts may publish own content only as Education-only modules and only free of charge.

(4) Education-only modules are displayed and made accessible in the Marketplace exclusively to Education accounts.

(5) Redemption of voucher codes in the Marketplace is governed by § 7.

§ 17 Changes to the Terms of Use

(1) The Provider reserves the right to amend these Terms of Use with effect for the future where this is reasonable taking users’ interests into account. The undertakings in § 12(2) to (4) are excluded and will not be changed to users’ detriment.

(2) Changes are communicated at least 30 days before they take effect by email or via the Platform. If no objection is made within 30 days of receipt of the notice and the Platform continues to be used, the amended Terms of Use are deemed accepted. The Provider will point out the significance of the deadline in the change notice.

(3) In case of objection, both parties have a special right of termination when the changes take effect.

§ 18 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) For traders within the meaning of Section 14 BGB, the Provider’s registered office is the place of jurisdiction for all disputes arising from or in connection with these Terms of Use.

(3) For consumers, statutory provisions on jurisdiction apply.

(4) Informal dispute resolution. The Provider asks that complaints be sent first directly to support@splexit.de. The Provider will endeavour to resolve matters without formal proceedings. The right to seek judicial remedies remains unaffected.

(5) These Terms of Use, including the documents referred to herein, constitute the entire agreement between the parties on use of the Platform. If the Provider waives reliance on a provision in an individual case, that does not constitute waiver of future enforcement.

(6) If individual provisions of these Terms of Use are or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the statutory rule.

(7) The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.