1.1 These Terms of Use govern the use of the ALPHA Scan iOS app (the "App") provided by ALPHA Software GmbH, Tizianstraße 1a, 14467 Potsdam, Germany, represented by the managing director Lennard Meder ("ALPHA", "we"). 1.2 The App is intended exclusively for entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Consumers within the meaning of § 13 BGB are not permitted to use it. 1.3 For all services we provide on the basis of data captured with the App, our General Terms and Conditions (AGB) apply in their current version: https://alpha-app.de/agb. This includes, for example, living area calculations, floor plans and other work results. If these Terms of Use conflict with the AGB, the AGB take precedence, unless these Terms of Use expressly govern an App-specific matter. 1.4 Our privacy policy for the App explains how personal data is processed.

2.1 The App lets you capture rooms, balconies and terraces with your device's camera and LiDAR scanner. It creates 3D models, floor plans and approximate area values from them, and lets you take reference photos and send projects to us. 2.2 The App requires a compatible Apple device with a LiDAR scanner. We do not guarantee that the App will work on every device or iOS version. 2.3 We may update, extend or change the App, in particular to improve it, to adapt it to technical developments or to comply with legal requirements.

3.1 The App and its use are free of charge. This includes capturing and sending projects. 3.2 Charges apply only to services you order separately from us through our customer portal, in accordance with the AGB and our current prices.

4.1 We grant you a simple (non-exclusive), non-transferable right, revocable for good cause, to use the App for your business purposes for the duration of these Terms of Use. 4.2 You may not copy, modify, decompile, reverse-engineer, or otherwise attempt to extract the App's source code, except where this is permitted by mandatory law (§§ 69d, 69e of the German Copyright Act, UrhG). 4.3 All rights to the App remain with ALPHA. The rights to work results we create are governed by the AGB.

5.1 To use the App, you need a valid customer code. You receive it free of charge through your customer account in our customer portal, which is created by the ALPHA team. 5.2 The customer code is confidential and intended only for you and your company. You must not pass it on to unauthorised persons. If you suspect it has been misused, please tell us without delay. 5.3 We may deactivate a customer code, in particular if the associated customer account is blocked or terminated, or if the code is misused.

6.1 The App determines dimensions and areas automatically, using the device's camera and LiDAR scanner. These values are approximate and are marked with "~" in the App. How accurate they are depends in particular on: • the device and its sensors; • lighting conditions; • the surfaces scanned (e.g. glass, mirrors, dark or reflective materials); • obstructions and furniture; • how carefully the scan is carried out. 6.2 Values shown in the App are not a measurement under DIN 277, the German Living Space Ordinance (Wohnflächenverordnung, WoFlV), or any comparable standard. They are no substitute for a professional on-site measurement. The same applies to the weighting of outdoor areas selected in the App (e.g. 25% or 50%). This choice is your responsibility and does not replace a legal assessment of the individual case. 6.3 We do not guarantee that values shown in the App match the actual conditions or any later measurement. Our AGB govern the accuracy of the work results we create on the basis of your scans.

7.1 You must carry out scans carefully and completely, following the in-app instructions and our scan guide. 7.2 You may only scan and photograph properties, and send data about them, if you are entitled to do so. This applies in particular to the consent of owners, tenants and residents. People should not be visible in photos, or only with their consent. 7.3 Safety: pay attention to your surroundings while scanning, especially on balconies, terraces, stairs and at railings. Do not lean over railings, do not climb on furniture or ledges, and do not scan while walking in hazardous areas. ALPHA is not responsible for accidents that happen while you use the App. 7.4 You must not use the App in a way that is abusive or unlawful, or that impairs its operation, for example by automated requests or by attempting to access our systems without authorisation.

8.1 Projects, scans and photos are stored locally on your device. Deleting data in the App, uninstalling the App, or losing or replacing the device can cause this data to be lost permanently. Please send projects in good time. We are not liable for the loss of data that is stored only on your device and has not been sent to us, except in cases of intent or gross negligence. 8.2 When you send a project, the App transfers the captured data to us. Sending a project is not an order. It does not create a contract for services or any payment obligation. Services are ordered separately through our customer portal or by other express confirmation, in accordance with the AGB. 8.3 If you change a project after sending it, the App shows that the changes have not been sent yet. Only the version last sent to us is authoritative for us.

9.1 We aim to keep the App's server functions available, including the customer code check and receiving projects. However, we do not guarantee uninterrupted availability. Maintenance, technical faults, or circumstances beyond our control can cause temporary interruptions. 9.2 If sending fails, the App keeps the project on your device and offers to try again.

10.1 The liability provisions of our AGB apply to our liability in connection with the App. 10.2 Irrespective of this, we are liable without limitation: • for intent and gross negligence; • for injury to life, body or health; • under the German Product Liability Act (Produkthaftungsgesetz).

11.1 These Terms of Use are concluded between you and ALPHA only, not with Apple Inc. ("Apple"). ALPHA, not Apple, is solely responsible for the App and its content. 11.2 Apple has no obligation to provide maintenance or support for the App. 11.3 To the extent permitted by law, Apple has no warranty obligations with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, paid for the App. 11.4 ALPHA, not Apple, is responsible for dealing with any claims relating to the App, in particular product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection claims. ALPHA is also responsible for investigating, defending and settling claims that the App infringes the intellectual property rights of third parties. 11.5 You confirm that you are not located in a country subject to a US government embargo, and that you are not on any US government list of prohibited or restricted parties. 11.6 Apple and its subsidiaries are third-party beneficiaries of these Terms of Use. Once you accept them, Apple has the right to enforce them against you as a third-party beneficiary. 11.7 Your use of the App must also comply with the App Store terms of use.

12.1 These Terms of Use apply for as long as you use the App. You can stop using the App at any time by deleting it from your device. 12.2 We may block your access to the App's server functions, or deactivate your customer code, if there is good cause, in particular if you misuse the App or seriously breach these Terms of Use. Blocking and termination of your customer account are otherwise governed by the AGB.

13.1 We may change these Terms of Use for the future where there is good reason, for example changes in the law, technical developments, or new App functions. 13.2 We will inform you of changes in the App or by email in good time before they take effect. If you continue to use the App after the changes take effect, you accept the new version. Changes to the AGB are governed by the AGB.

14.1 These Terms of Use are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). 14.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use is Potsdam, Germany, where legally permissible. 14.3 Should individual provisions of these Terms of Use be or become wholly or partly invalid, the validity of the remaining provisions shall not be affected. The statutory provisions shall apply in place of the invalid provision. 14.4 These Terms of Use are available in German and English. In case of any discrepancy, the German version prevails.