Terms & conditions
Backbone Terms & Conditions
Need help? You can reach us via email at support@bkbn.com.
These terms and conditions (including the privacy policy together with all other documents referred to in these terms and conditions, hereinafter referred to as the "Terms") outline the framework under which you can use the website bkbn.com and app.bkbn.com (the "website"), whether as a guest or a registered user. Any order or contract between you and Backbone is therefore subject to these Terms of bkbn.com & app.bkbn.com. By continuing to use the website, you accept these Terms.
We reserve the right to update these Terms (as well as the policies and/or documents referenced herein) and will notify you in advance by email. By using the website, you agree to these Terms in their current version.
1. About Us
The website is owned and operated by Backbone Art SA (company number CHE-303.912.703) located at 15 rue de Lausanne, 1201 Geneva, Switzerland (hereinafter referred to as "Backbone").
2. Description of Services on bkbn.com
Backbone offers an online booking service that connects photographers ("Creatives"*) and clients (collectively the "Parties") to request or offer visual services on demand ("Services"). Backbone selects the appropriate photographer (Creative) based on the information provided by the client and reserves the right to change the photographer (Creative) at any time. In exceptional cases, an order can be canceled free of charge if no photographer (Creative) is found. A replacement appointment will always be offered in such cases.
Additionally, Backbone offers other products and services, including marketing automation software, AI based editing software as well as services such as floor plans and official reports to promote real estate.
After completion of the service, the content created ("Client Content") is made available to the client and can be downloaded via the platform.
Image Editing Notice: The client is responsible for ensuring that after content editing, no identifiable individuals or protected elements are visible without permission. Backbone assumes no liability for insufficient anonymization of images.
Current Developments: Backbone plans to offer editing tools, enabling clients to edit their content directly on the platform. Additionally, new products and services will be introduced, developed in collaboration with external service providers to offer an even more comprehensive service. Some of these products, such as the creation of marketing texts, also utilize Artificial Intelligence (AI) to provide innovative and efficient solutions.
3. Access to the Website
Access to the website is time-limited and may be suspended, changed, or terminated without notice. We are not liable if the website is unavailable at a specific time or for a specific period.
Personal data provided to us will be processed according to our Privacy Policy. When using an identification code or password, you are responsible for keeping these credentials confidential and should not share them with third parties. If you suspect your account has been compromised, you should change your password and contact us immediately.
Backbone may use third-party services, but we have no control over their content and assume no responsibility for them.
4. Intellectual Property Rights
Backbone grants the client an exclusive, free license to use and edit the client content. However, Backbone is the sole and exclusive owner and retains all right, title and interest in and to the website and the content created or to be created, including but not limited to software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video and music.
The client authorizes Backbone to use their trade name, brand, and logo as a reference in commercial documents and websites for five years from the date of the order.
Subject to these Terms, Backbone grants the client a non-exclusive, non-transferable right to use the website and services. Modifying, reproducing, or distributing the content without permission is prohibited.
Should you breach third-party intellectual property rights and Backbone be held responsible, you shall fully indemnify Backbone.
5. License Restrictions
Without express consent, it is prohibited to copy, publish, sell, or modify the website's content. You may not use the website for illegal purposes, impair it through hacking or other malicious methods, or manipulate the content in any way.
6. Additional Restrictions
The website must not be used for unlawful activities, such as spreading viruses or harmful code. You are not permitted to collect information from the website or disrupt its systems.
7. Obligations of the Contracting Parties
Each party is responsible for obtaining all necessary authorisations and consents from third parties at its own expense if these are necessary for the creation and use of the customer content. The customer must ensure that persons who are recognisable in the content or whose rooms were filmed have given their written consent. Official authorisations and the consent of rights holders must also be obtained if intellectual property rights are affected. The written consent of the persons concerned is required for the processing of personal data. The legal requirements must always be complied with. In addition, each party must ensure consent to the disclosure of personal data such as telephone numbers, e-mail addresses and names of third parties.
8. Advertising and Promotions
Backbone reserves the right to change or terminate promotions or offers at any time.
9. Payment Terms
All transactions represent an electronic contract between you and Backbone. By placing an order, you agree to these Terms. Backbone will charge your payment method for all transactions, including any applicable taxes. You are responsible for losses incurred due to invalid payment information.
For the payment options ‘SEPA direct debit mandate’ and ‘credit card’, Backbone uses an external payment service provider. Penalties may apply if a SEPA direct debit or credit card transaction is cancelled and transaction fees will not be refunded.
10. Backbone Service Subscription Plans
10.1 Trial Period: A 30-day free trial allows you to try the Backbone subscription benefits without obligation. During this trial, cancellation is possible at any time.
10.2 Start of Paid Subscription: After the trial period ends, the paid subscription begins automatically.
10.3 Duration and Payment: The subscription can be monthly or yearly, with corresponding monthly or yearly payments. It renews automatically at the end of each term until canceled.
10.4 Cancellation: Cancellation of the paid subscription is possible at any time with a notice period of 15 days before the end of the current term.
10.5 Price Changes: Backbone reserves the right to adjust subscription prices. Price changes will be communicated in advance.
11. Refusal of Transactions
Backbone may refuse or cancel transactions at its discretion at any time. We accept no liability for the refusal of a transaction.
12. VAT, Import Regulations, and Customs
Unless otherwise stated, the prices on the website are exclusive of VAT. It will be added separately.
13. Cancellation, Postponement, and Refunds
13.1 Photography: Cancellations of orders that require a photographer (creative) are free of charge up to 24 hours before the appointment. For later cancellations or rescheduling, 75% of the order amount will be charged. Cancellations or rescheduling on-site are not possible and will be charged at 100%.
13.2 Measurement On-Site: Cancellations or rescheduling of appointments requiring an on-site surveyor are free of charge up to 48 hours before the scheduled date. For rescheduling or cancellations made between 48 and 24 hours prior to the appointment, a fee of €75.00 will be charged. If rescheduling or cancellation occurs within 24 hours of the appointment, a fee of €100.00 will apply. Cancellation or postponement on site are not possible and will be charged at 100% of the order value.
13.3 Other Products: For all other products, 100% of the cost will be charged for cancellations after the order has been received.
14. Liability
The use of the services is at the parties' own risk, and Backbone provides the services without any warranty. Backbone is not liable for direct or indirect damages, losses, or claims arising from the use of the website or its content. There is no liability for system errors, delays, computer viruses, or unauthorized access by third parties. The customer is responsible for any loss of data or materials, especially when handed over to photographers and surveyors. Backbone assumes no responsibility for violations of applicable laws by the customer or for the absence of required permissions. Backbone cannot be held liable for damages caused by the conduct of photographers, surveyors, third parties, or providers. The customer is liable for any misuse or unlawful use of the services.
Measurements On-site/Floor Plans: The products offered for measurements do not guarantee completeness or accuracy. Variations are possible and should be considered. There is no claim against Backbone for consequential damages resulting from inaccurate measurements. The visual representation of properties is intended solely to improve spatial understanding and does not claim to be comprehensive. It does not serve as a basis for actual construction. Any claim for damages arising from deviations in implementation or other circumstances is excluded.
Hosting Services/Virtual Tours: Backbone uses external providers, such as Floorfy and Matterport, to host virtual tours or 360° recordings. Backbone assumes no responsibility for the permanent availability or reactivation of the tours, as these are beyond our control. If a tour can no longer be reactivated, there is no entitlement to replacement or liability on the part of Backbone. However, customers have the option to request a transfer of the tour to their own Floorfy or Matterport account at any time to ensure independent management and control over the content.
15. Indemnification
The client agrees to indemnify Backbone and its employees from all claims and damages that may arise from the use of the services or the violation of these Terms.
16. Account Closure
The parties can close their accounts at any time. After closure, there is no access to client content, and Backbone is not obligated to retain it.
17. Links
Links to our website are only allowed if they are legal and approved by us. Embedding the website into other pages is prohibited.
18. Viruses, Hacking, and Other Crimes
Any tampering with the website through viruses or hacking is prohibited. Violations will be reported to the appropriate authorities.
19. Non-Solicitation
The parties agree not to solicit employees of the other party for one year after accessing the service.
20. Waiver
A waiver by Backbone of enforcing the Terms does not constitute a waiver of future claims.
21. Severability
If any provision of these Terms is declared invalid, the remaining provisions shall continue to apply.
22. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede any prior agreements.
23. Force Majeure
Backbone is not liable for delays or non-fulfillment of obligations caused by circumstances beyond our control (e.g., natural disasters, illness, or strikes).
24. Law and Jurisdiction
These Terms are governed by Swiss law. The exclusive place of jurisdiction is the headquarters of Backbone in Geneva.
25. Feedback
General comments on the website can be sent to support@bkbn.com. Complaints about specific services should be directed to Backbone Art.
*We refer to our real estate specialists who work on-site with our clients as 'Creatives.' The services provided by our Creatives are diverse, including photography, drone photography, 360° tours, measurements, and much more.