General conditions of sale

OEKOUMENE 3D | My Digital Buildings - Agence de Grasse
Version 3 - July 2026

‍

Article 1 - Scope of application

‍

These General Terms and Conditions of Sale ("T&Cs") describe the terms for the provision of services, exchange, and exploitation of data between clients (hereinafter referred to as "The Client") and the company OEKOUMENE 3D, operating under the trade name My Digital Buildings – Agence de Grasse (hereinafter referred to as "The Service Provider"), registered with the Grasse Trade and Companies Register under number 929 913 218. In the absence of a specific written contract between the Service Provider and the Client, the services performed are automatically subject to the T&Cs described below. These T&Cs apply indiscriminately to both professional clients (B2B) and individual consumers (B2C). They prevail over any conflicting document from the Client, including their own general terms and conditions of purchase (GTC), even if these were communicated to the Service Provider beforehand.

‍

Article 2 - General provisions

‍

The Service Provider reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The applicable Terms and Conditions are those in effect on the date the quote or purchase order is accepted. The fact that the Service Provider does not exercise any of the clauses herein at any given time shall not be construed as a waiver of the right to exercise them subsequently.

‍

Article 3 - Nature of services and equipment used

‍

The Service Provider assists the Client with consulting, acquisition, processing, and utilization of spatial data to create and use digital representations of their buildings and immediate surroundings. These surveys are translated into various formats depending on the order: point clouds, 3D models, BIM digital twins, plans, or virtual tours.

Data capture and georeferencing services are performed using specialized professional equipment, including:

• Leica RTC 360 static 3D laser scanner (terrestrial scanning);
• DJI Matrice 4E remotely piloted aircraft (drone) (aerial surveys, photogrammetry, Lidar);
• Satellite positioning system via dual-frequency GNSS pole (georeferencing);
• Total station.

‍

3.1 Surveys

‍

Survey missions are divided into four operational phases:

• Mission preparation : Needs analysis, definition of scope and deliverables, and risk assessment. The Client agrees to collaborate actively by providing the exact address, access details, on-site contacts, time constraints, and any available plans or photos.
• Data capture : On-site intervention in accessible and authorized areas. The Client agrees to have operators accompanied by a supervisor to validate the workflow, manage badges/keys, and ensure the safety of the operation.
• Post-processing : Assembly, registration, filtering, and digital export of captured data. The digital "cleaning" of the point cloud is understood as the removal of major visible disruptive elements (extreme digital noise, etc.) and constitutes an obligation of means.
• Delivery : Sends finalized deliverables to the Client electronically.

The metric accuracy tolerances applicable to point clouds are exclusively those specified in the quote. In the absence of such specifications, they are assessed according to industry best practices and the intrinsic technical limitations of the equipment used (Leica RTC 360, Matrice 4E, GNSS). This accuracy applies solely to the raw data generated from the survey: the Service Provider cannot be held liable for errors in interpretation, measurement, or modeling made by third parties (design offices, architects, project managers) based on its files.

‍

3.2 Modeling

‍

Unless otherwise stipulated, the modeling provides a representation of the apparent and measurable state of the site on the day of the intervention. In the absence of a BIM execution plan, specific template, or shared parameter file provided by the Client before the project begins, the Service Provider will apply its own internal technical modeling standards by default.

‍

‍

3.3 Data access

The Service Provider employs reasonable measures to ensure the security and availability of data stored internally. However, it cannot be held liable in the event of temporary service interruption for maintenance, communication network failure, or cyberattacks.

‍

3.4 Storage and archiving

‍

Unless an express subscription to extended hosting or paid archiving services is made, the Service Provider is under no obligation to retain deliverables beyond a period of six (6) months after delivery. The Client remains solely responsible for the permanent backup of their data.

‍

Article 4 - Professional limitations and exclusions of services

‍

Unless otherwise explicitly stated in writing in the quote, the Service Provider's services do not include:

• Project management, design, technical synthesis, or construction supervision services;
• Regulatory diagnostics (asbestos, lead, fire safety, or accessibility);
• Boundary surveying, official land division, property line recognition, or the preparation of enforceable land documents falling under the legal monopoly of licensed Land Surveyors registered with the Order.

‍

Article 5 - Special conditions, limitations, and reservations

‍

Any use of the deliverables (point clouds, plans, models) by the Client or a third party (design office, engineer, construction company) is at their own risk. Deliverables provided as a site survey or digital record do not in any way constitute construction execution plans. The Service Provider cannot be held liable for design, interpretation, or site dimensioning errors made by third parties based on the files provided.

‍

Article 6 - On-site Intervention Conditions, Weather, and Drone

‍

6.1 Site Preparation and Access Conditions

‍

The Client must guarantee the operators full, secure, and unrestricted access to all areas to be surveyed. Any cluttered, locked, or dangerous area will be excluded from the scope. Any on-site intervention that is canceled, postponed, or interrupted due to the Client or a lack of site preparation less than five (5) business days before the service, thereby preventing the Service Provider from intervening for another Client, will result in the invoicing of incurred costs (travel, accommodation, team downtime), and the service will be considered due in full.

‍

6.2 Weather and Aviation Regulations (Drone & GNSS)

‍

External services requiring the use of the DJI Matrice 4E drone or GNSS pole positioning are strictly dependent on atmospheric and regulatory conditions. The Service Provider reserves the right to immediately suspend or postpone any operation in the event of unfavorable weather: winds exceeding 40 km/h, rain, storms, fog, insufficient light, or in the event of temporary civil aviation flight restrictions (restricted zones, absence or refusal of administrative flight authorization). Such safety-related postponements shall under no circumstances be considered delays attributable to the Service Provider and shall not entitle the Client to any penalties or compensation.

‍

‍

Article 7 - Contractual Documents

‍

The contract is formed, in increasing order of priority, by:

• The accepted quote (or the purchase order issued by the Client);
• These General Terms and Conditions of Sale (GTC);
• Any specific terms of sale or BIM agreement signed by both parties.

In the event of a conflict, the provisions of the higher-ranking document shall prevail.

‍

‍

Article 8 - Quote, order, and right of withdrawal

‍

The quote issued by the Service Provider specifies the scope, location, price excluding tax, terms, and the estimated completion schedule. The order becomes firm and final once the client returns the signed and dated quote, marked with the phrase "Approved."

‍

8.1 Right of withdrawal (Individual consumer clients)

‍

In accordance with the Consumer Code, individual clients have a period of fourteen (14) calendar days to withdraw without providing a reason for contracts concluded off-premises (e.g., at their home). If an individual client wishes for the service (on-site surveying or data processing) to begin before the end of this 14-day period, they must make an express written request on the quote. If the service is fully performed before the end of the legal period following such a request, the individual client acknowledges and accepts the loss of their right of withdrawal.

‍

Article 9 - Price and economic adjustment

‍

Services are provided at the price agreed upon in the quote, expressed in euros and subject to the applicable VAT. Any additions or modifications to the assignment resulting in a variation of more than 10% of the initial amount will be subject to a written supplementary quote.

‍

9.1 Economic adjustment (Applicable to business clients only)

‍

In the event of exceptional and unforeseeable changes in economic conditions beyond the Service Provider's control (such as a sudden increase in fuel, energy, cloud hosting, or engineering software license costs), the Service Provider reserves the right to adjust its rates proportionally. If no written agreement on this adjustment is reached within 15 calendar days, the Service Provider may suspend or terminate the current order without incurring any liability.

‍

Article 10 - Payment terms and deadlines

‍

• Deposit : A deposit corresponding to 30% of the total price of the service is required upon order confirmation. For individual clients, in the case of a contract concluded off-premises, no payment may be collected before the expiration of a seven (7) day period from the date of signing, unless the client expressly requests immediate execution. In the event of order cancellation by the Client (excluding force majeure), the deposit shall be permanently retained by the Service Provider.
• Payment Terms for All (Individuals and Professionals) : All invoices (final balance or progress invoices) are payable within a maximum period of thirty (30) calendar days from their date of issue (with the exception of invoices sent to the My Digital Buildings network, which may have a forty-five (45) day term), solely by bank transfer. No discount is granted for early payment.
• Disputes : Any disagreement regarding an invoice must be notified in writing with supporting reasons within fifteen (15) calendar days of its issue date, failing which it shall be deemed accepted without reservation as to its principle and amount.

‍

Article 11 - Late or Non-Payment

‍

Any delay or failure to pay by the due date will automatically result, without the need for a reminder or prior formal notice, in:

1. The immediate maturity of all sums remaining due to the Service Provider;
2. The immediate suspension of ongoing services and file deliveries, as well as the technical blocking of access to virtual tours;
3. The application of late payment penalties calculated on the remaining amount excluding tax, at a rate of three (3) times the current legal interest rate;
4. For business clients, a fixed legal indemnity of €40 for collection costs per unpaid invoice shall be due, without prejudice to additional compensation if the actual costs incurred prove to be higher.

‍

‍

Article 12 - Retention of Title and Prohibition of Use Clause

‍

The Service Provider retains exclusive ownership of all deliverables, spatial data, plans, virtual tours, and models produced until full and effective payment of the price and any associated costs has been received. Prior to full settlement, the Client is strictly prohibited from exploiting, copying, integrating into a technical project, transmitting to a third party, or using the deliverables to commence work. In the event of unauthorized use detected prior to payment, the Service Provider may suspend access and legally demand compensation of €500 per day of illicit use.

‍

Article 13 - Confidentiality and Data Security

‍

All technical and strategic information, site access details, initial plans, and final deliverables exchanged are considered Confidential and highly sensitive information. Both parties agree to maintain the strictest secrecy and not to disclose this data to third parties without written consent. Technical data and backups are retained for a maximum period of 6 months after delivery before being irreversibly deleted, unless otherwise agreed.

‍

Article 14 - Termination

‍

In the event of a serious breach of obligations by either party that remains unremedied for ten (10) business days following the sending of a formal notice via registered letter with acknowledgment of receipt, the contract may be terminated unilaterally. In any event, services already performed, logistics costs incurred, and time spent up to the date of termination shall remain fully payable by the Client, and no refund of any deposit shall be granted.

‍

Article 15 - Force Majeure

‍

Neither party shall be held in default if the performance of its obligations is delayed or prevented by a force majeure event as defined under French law (fire, water damage, natural disaster, mandatory government restrictions, epidemic, major and prolonged general IT failure beyond the Provider's control, or long-term accident or illness of a key contributor).

‍

Article 16 - Liability and Insurance

‍

The Provider is subject to an obligation of means in the execution of its assignments, which it commits to performing according to industry best practices. The Provider shall not be held liable for errors resulting from inaccurate or incomplete data or plans provided by the Client, nor for any unintended or improper use of the deliverables.

Except in cases of gross negligence, willful misconduct, or bodily injury, the Provider's total financial liability, if proven, shall be strictly capped at an amount (excluding taxes) not exceeding half (50%) of the total sum (excluding taxes) actually paid by the Client for the relevant service.

‍

Article 17 - Deadlines, Claims, and Acceptance of Deliverables

‍

Execution and delivery times are defined in the quote. Any delay by the Client in providing plans, access, or approvals will shift the schedule accordingly, without any liability on the part of the Service Provider.

• For business clients (B2B) : The Client has a period of fourteen (14) calendar days from the digital availability of the deliverables to submit precise and documented reservations in writing (via registered letter with acknowledgment of receipt). Upon expiration of this period, the deliverables are deemed definitively accepted and compliant. Any operational use, technical integration, or transmission to the design office for project commencement constitutes definitive and unconditional acceptance of the services.
• For individual clients (B2C - Consumers) : Individual clients are automatically entitled to the legal guarantees of conformity and against hidden defects as provided by the Consumer Code, regardless of any contractual verification period.

‍

Article 18 - Intellectual Property

‍

The Service Provider retains exclusive intellectual property rights over all their methods, computational processes, processing algorithms, know-how, scripts, and internal modeling standards used to perform the mission. No transfer of ownership of these tools is granted to the Client. Unless the Client expressly refuses in writing, the Service Provider reserves the right to cite the Client's name or logo as a commercial reference, without disclosing any confidential data.

‍

Article 19 - Exclusion of Joint Liability

‍

The Service Provider assumes responsibility solely within the strict scope of the surveying mission entrusted to them. They cannot be held liable, in any manner whatsoever, whether jointly or severally, for faults, delays, omissions, or design errors attributable to other parties involved in the overall project (project manager, architect, executive design office, builder).

‍

Article 20 - Governing Law and Dispute Resolution

‍

These Terms and Conditions and the contractual relationships arising from them are governed exclusively by French law.

‍

20.1 Disputes with business clients (B2B)

‍

In the event of a dispute relating to the formation, interpretation, performance, or termination of these services between professionals, exclusive jurisdiction is assigned to the Commercial Court of Grasse, notwithstanding multiple defendants, third-party claims, or summary or emergency proceedings.

‍

20.2 Disputes with individual customers (B2C - Consumers)

‍

In the event of a dispute or complaint, individual customers should first contact the Provider's customer service department in writing at thibault.dartus@mydigitalbuildings.com. If an amicable resolution cannot be reached or if no written response is received from customer service within two (2) months, the consumer is informed that they may submit the dispute to the approved consumer ombudsman: l’Association Alpes Maritimes Médiation (AM2). The ombudsman can be contacted by calling 06.35.39.09.18 or by email at contact@alpesmaritimes-mediation.fr. If no amicable agreement is reached through mediation, the dispute will be brought before the competent courts in accordance with standard legal rules.