Terms of Service of ROBOTOP GmbH

Effective date: August 18, 2025

1. Provider and Scope

(1) Provider of the services is ROBOTOP GmbH, Maxfeldstr. 35, 90409 Nuremberg, Germany (“ROBOTOP”, “we”).
(2) These Terms govern the access to and use of all services offered by ROBOTOP, in particular robotop.de, portfolio.robotop.de, associated software solutions and interfaces (collectively “Services”).
(3) Deviating or supplementary terms of the user do not apply unless ROBOTOP expressly agrees in writing.

2. Definitions

1. Platform: all web-based services operated by ROBOTOP (esp. portfolio.robotop.de) including account/rights management, upload/hosting features and 3D/AR/XR display functions.
2. Marketplace: public area of the platform where released content is displayed in 3D/AR; without purchase functionality.
3. 3D Shop: a Unity-based, multi-product 3D presentation/layout tool hosted within the platform by a Shop Owner, in which listed content can be displayed and used for layouts (without purchase functionality).
4. Uploader / Content Provider: registered user (business or individual) who uploads and manages content on the platform.
5. Content: user-provided or generated data, including 3D models, preview images, metadata (e.g. article number, weight, price), descriptions and iFrame snippets.
6. iFrame Embedding: code generated by the platform to embed a content item on third-party websites, while the content itself remains technically hosted on ROBOTOP.
7. Shop Owner / Shop User: operator of a 3D Shop and/or users activated by the Shop Owner with licenses.
8. Consumer: natural person acting for purposes outside trade, business or profession (Art. 2 Directive 2011/83/EU, §13 BGB).
9. Entrepreneur: natural or legal person acting for trade or business purposes (§14 BGB).
10. Subscription: time-limited, regularly billed access to paid services (e.g. license packages for 3D Shops).

3. Registration and Account

(1) Uploads, dashboards, 3D Shops and related features require registration. Users must provide accurate information and keep login credentials confidential.
(2) Minimum age: 18.
(3) ROBOTOP may suspend or terminate accounts if there are justified indications of violations of these Terms, third-party rights or applicable law.

4. Services

(1) Uploads & Dashboard: Users can upload content, set preview images, add metadata (article number, weight, price), and manage/replace/delete content in their dashboard.
(2) Visibility: Each content item can be marked public (visible in Marketplace) or non-public (visible only to uploader).
(3) Public Viewing: Public content may be accessed by non-registered visitors and viewed in 3D/AR.
(4) iFrame: For public content, iFrame snippets can be generated for embedding in third-party sites.
(5) 3D Shops & Listings: Shop Owners can operate 3D Shops and list own or third-party content (with consent). Non-public content may be displayed in a 3D Shop if listed; visible only to licensed Shop Users.
(6) No Purchase Transactions: The platform/shops do not enable purchase contracts between users. Prices shown are informational only, without binding effect.
(7) AR/XR: AR/XR display may require compatible devices/browsers. Availability may vary.

5. User Obligations

Users may not:
– upload content without sufficient rights,
– upload unlawful, offensive, discriminatory or otherwise prohibited material,
– distribute malware,
– infringe intellectual property or personality rights.

Users guarantee correctness of metadata and indemnify ROBOTOP against third-party claims resulting from unlawful content.

6. Rights in Content

(1) By uploading, the user grants ROBOTOP a non-exclusive, worldwide, transferable (to technical service providers), limited license to host, process, display and embed content for the contractual period; solely for provision of services.
(2) All rights remain with the user.
(3) Users must promptly remove or replace unlawful content.

7. Platform Moderation under DSA

(1) Notice-and-Action: Notices about illegal content may be submitted via contact form or service@robotop.de including URL/ID, justification, contact details and good faith statement. ROBOTOP reviews without undue delay.
(2) Statement of Reasons: Users receive explanations for removals, restrictions or suspensions.
(3) Internal Complaint Handling: Affected users may file complaints free of charge within at least 6 months after a moderation decision; reviewed by human oversight.
(4) Trusted Flaggers / Authorities: Reports from trusted flaggers/authorities are prioritized.
(5) Transparency Reports: ROBOTOP will publish DSA transparency reports as required.
(6) Points of Contact:
– For authorities/Commission/Board (Art. 11 DSA): service@robotop.de
– For users (Art. 12 DSA): service@robotop.de
Available in German and English.

8. Intellectual Property & Third-Party Rights

Users must hold all rights necessary for uploaded content. ROBOTOP responds to substantiated claims of infringement (copyright, trademarks, designs, personality rights).
A counter-notice procedure is available; repeated infringements may result in termination.

9. Paid Services and Billing

(1) Some services (e.g. Shop licenses) are paid. Pricing and billing cycles are defined in the service description (generally annual).
(2) Invoices are payable immediately. Non-payment may result in suspension.
(3) Price/service changes are notified at least 30 days in advance. Consumers may terminate in case of disadvantageous changes; unused prepaid fees are refunded proportionally.
(4) Payments are non-refundable except as required by law.

10. Term and Termination

(1) Free accounts: terminable at any time.
(2) Subscriptions: terminable with agreed notice, usually 6 weeks before billing cycle end.
(3) Online cancellation button: Consumers may cancel online via a clearly labeled cancellation button as required by German law.
(4) Termination for cause (important reason) remains possible.
(5) After termination, access may be disabled; users may export content where technically possible.

11. Conclusion of Contract (Button Solution)

(1) In consumer transactions involving payments, the order button will be labeled “order with obligation to pay”.
(2) Input errors can be corrected before submission. Essential contract details are displayed prior to order.
(3) Contract texts are stored and provided in text form.

12. Right of Withdrawal (Consumers)

(1) Consumers have a statutory 14-day withdrawal right in distance contracts, subject to exceptions. A separate withdrawal notice and form is provided.
(2) For digital services (§§ 327 et seq. BGB), special rules apply (updates, conformity, cancellation).

13. Changes, Updates, Availability

(1) ROBOTOP may update the services for security, functionality or compatibility.
(2) More substantial changes affecting consumers require valid reason, no extra cost, clear prior notice and may trigger cancellation rights.
(3) No guarantee of permanent availability; downtimes may occur.

14. External Content and Embedding

(1) iFrame embedding shows ROBOTOP content but is displayed in third-party contexts. Responsibility for third-party environments lies with the third party.
(2) External links lead to third-party providers; ROBOTOP is not responsible.

15. Liability

(1) Unlimited liability applies for intent, gross negligence, injury to life, body or health, and under the Product Liability Act.
(2) For slight negligence, ROBOTOP is only liable for breach of essential contractual duties (cardinal obligations) and limited to foreseeable damages.
(3) Liability for lost profits is excluded.
(4) These limits also apply to legal representatives and vicarious agents.

16. Data Protection

Personal data is processed in accordance with the Privacy Policy available at robotop.de.

17. Final Provisions

(1) Changes to these Terms are notified in text form. Lack of objection within 6 weeks is deemed acceptance.
(2) Governing law: German law applies, excluding CISG. Place of jurisdiction: Nuremberg, if user is merchant/public entity.
(3) No participation in consumer ADR: ROBOTOP is not obliged and not willing to take part in consumer ADR procedures.
(4) Severability: Invalid provisions do not affect the remainder; statutory provisions apply.
(5) Language: The German version is legally binding. This English version is provided for information only.