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Terms of Service

Valid for: ROBOTOP Technology (including robotop.de, portfolio.robotop.de, Software & Services)

Last updated on March 4, 2024

Please read these Terms of Service (hereinafter referred to as “Terms”) carefully, as they constitute a contract between you and ROBOTOP GmbH, a company established under German law (hereinafter referred to as “ROBOTOP”; “us”; “we”), regarding your access to and use of our website, our application, our services, and other software that can be downloaded to or accessed on a mobile or computer device you own or control in connection with our services (collectively, “Services”).

These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding your access to and use of any services provided by ROBOTOP (collectively, “Agreement”). If you are entering into this Agreement on behalf of an entity, you represent that you are authorized to bind such an entity to this Agreement. In return for using the Services, you agree to the terms of this Agreement.

By using, accessing, or downloading our Services, you agree to these Terms.

You may not use, access, or download any Services unless, and by accessing the Services, you represent and warrant that you (1) are at least 18 years old as an individual, (2) are in no way affiliated with a direct competitor of ROBOTOP, (3) will not use the Services to monitor their availability, functionality, or for any other benchmarking or competitive purposes, (4) no entity you are affiliated with has breached a contract with ROBOTOP at any time, and (5) accept and agree to be bound by the provisions of this Agreement.

Definitions

  1. “Content” refers to audiovisual information, documents, software, products, services, and other information that are provided or made available to you in the course of using the Services.
  2. “Customer Data” includes all data, information, or materials that you provide, submit, or make available in the course of using the Services, including, but not limited to, your email address and password used to create your account.
  3. “Intellectual Property Rights” refer to rights to and in inventions (whether patentable or not), patent applications, patents, design rights, rights to and in software code and other works of authorship including copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, trade secret rights, and all other intellectual property rights as well as forms of protection of a similar nature anywhere in the world.
  4. “ROBOTOP Technology” refers to all proprietary technology of ROBOTOP (including software, hardware, products, processes, algorithms, user and programming interfaces, know-how, techniques, designs, and other tangible or intangible technical materials or information) made available to you or otherwise used by ROBOTOP in providing the Services.
  5. “Party” or “Parties” refers to either ROBOTOP or you or both, depending on the context.
  6. “Privacy Policy” refers to our privacy policy, available at https://robotop.de/datenschutzerklaerung/, which is incorporated into this Agreement and forms part of it.
  7. “User” means your employees, agents, consultants, contractors, or agents who are authorized to use the Services.
  8. “Portfolio” or “My Portfolio” refers to the website dashboard for managing specific features or services hosted at portfolio.robotop.de.

Your Responsibilities and Limitations

  1. Your Responsibilities: You are solely responsible for your actions and the actions of your users (and all your other employees or agents) when using the Services, as well as for the content of all customer data and other information or materials that may be stored or transmitted through your use of the Services.
    You agree to:
    • Comply with all local, state, national, and international laws and regulations applicable to your use of the Services, including the laws and regulations of any country, and in particular, all laws regarding the transmission of commercial communications and the collection of personal data through or in connection with the Services.
    • Not upload or otherwise distribute files that contain viruses, corrupted files, or any other software that could damage the operation of the Services or other computers or facilities.
    • Not interfere with or disrupt networks or facilities used or connected with the provision of the Services.
    • Not transmit or post any material that could lead to criminal offense or civil liability, disturb the use and enjoyment of the Services by other customers or any other person or entity, or upload content or customer data that is libelous, defamatory, obscene, pornographic, abusive, or threatening.
    • Follow all relevant and applicable regulations, guidelines, and procedures of networks connected to the Services.
  2. Usage Restrictions. You and your users may not directly or indirectly:
    • Modify, copy, reproduce, license, display to third parties, translate, or create derivative works based on the Services or any ROBOTOP Technology.
    • Rent, lease, distribute, resell, assign, or otherwise transfer rights to the Services or any ROBOTOP Technology.
    • Use the Services or any ROBOTOP Technology for time-sharing or service bureau purposes or otherwise for the benefit of third parties, remove any proprietary notices from the Services or any ROBOTOP Technology, or link to the Services or frame or mirror the content accessible through the Services without prior written consent from ROBOTOP.
    • Claim, authorize, support, or encourage any intellectual property rights of ROBOTOP or its licensors in relation to the ROBOTOP Technology you use.
  3. Sensitive Personal Information: You are prohibited from uploading any “sensitive” personal information to the Services regarding yourself or others that could include health or medical conditions, protected health information, social security or tax identification numbers, driver’s license numbers, information about political opinions, criminal charges or convictions, religious or philosophical beliefs, or racial or ethnic origin (“Sensitive Personal Information”). Violation of this provision may result in immediate termination of your account and access to the Services.
  4. 4. Third-Party Platforms: Through the functionality of the Services, you may be permitted to access the Services via a third-party platform or link your service account with an account on such a third-party platform (“Third-Party Platform”). By accessing the Services through a Third-Party Platform, you understand and agree that information related to you maintained by or associated with the Third-Party Platform (“Third-Party Platform Information”) may be transferred to or made available to ROBOTOP and information associated with your ROBOTOP account may be transferred or made available to the Third-Party Platform.
    You hereby consent to all such transfers and to the use of Third-Party Platform Information by ROBOTOP in connection with providing the Services. ROBOTOP is not responsible or liable for Third-Party Platforms and does not guarantee the accuracy, usefulness, security, completeness, reliability, availability, or timeliness of or regarding any Third-Party Platforms.
  5. Other Service Providers: You acknowledge that this agreement is between us as the licensor and provider of the Services and you, not with any other associated service provider or third party from which you may download any services (“Service Provider”). You must also comply with the usage rules set by all Service Providers applicable to your device (“Usage Rules”). For example, you may be required to accept and comply with the terms and conditions of an app store (e.g., Apple’s App Store or Google’s Google Play Store) from which you download the Services. It is your responsibility to determine which Usage Rules apply to your use of the Services, as they may be applicable depending on your device and each Service Provider. ROBOTOP is not responsible or liable for Service Providers.
  6. Your Account: To gain access to certain Services, you may need to create an account by filling out a registration form and setting a username and password. Before you receive an account, your access to the Services may be limited to areas of the Services that ROBOTOP makes available to the general public. When registering with ROBOTOP, you will: (a) provide truthful, accurate, current, and complete information about yourself as prompted by the registration form, and (b) keep this information up to date. Only you may use your ROBOTOP account, except if you are an entity, you may allow your employees to use your ROBOTOP account solely for your benefit. You will treat your account and passwords confidentially and not allow third parties to access the Services on your behalf, unless ROBOTOP provides an approved mechanism for such use. If an organization has provided you with your account (e.g., an employer), this organization has rights to your account and can: (i) manage your account (including suspension or termination); (ii) reset your password; (iii) view your usage and profile data; and (iv) manage the customer data contained in your account. You will promptly contact ROBOTOP if you suspect any misuse of your account or a security incident in the Services. You are responsible for all activities that occur under your account. ROBOTOP is not liable for any loss or damage arising from unauthorized use of your account.
  7. Resources: You are responsible for procuring and maintaining all computer hardware, software, communication equipment, facilities, and equipment necessary for accessing the Services and for paying all third-party access fees (e.g., fees from internet or telecommunications service providers) incurred in connection with the use of the Services.
  8. Minors: You may only enter into this agreement if you are at least 18 years old. If you supervise a person under 18 years of age (a “Minor”) in connection with their use of the Services, you agree to be responsible for ensuring that the Minor complies with all terms of this agreement. You should monitor such Minors using the Services, limit the time Minors spend with the Services, and ensure they take breaks during use.

Use of ROBOTOP services

  1. Licensing, billing & termination:
    • Free trial versions: If you would like to test one of the ROBOTOP services, you can contact us via the contact form at www.robotop.de/contact and request a trial version.
    • Billing cycle: The subscription fee for the ROBOTOP “Portfolio” service and any other fees that may apply in connection with your use of the service, such as taxes and possible transaction fees, will be debited from your payment method on the specific billing date specified in your “Portfolio” page in the dashboard or as specified in your written agreement with ROBOTOP. The length of your billing cycle is annual. In some cases, your payment date may change, for example, if your payment method has not been successfully charged or if your paid subscription began on a day that is not included in a particular month. Visit our platform at https://portfolio.robotop.de/ and go to the “Account” page to view your next payment date and invoice.
    • Payment methods: To upgrade your account to a “Portfolio” account, you must specify a payment method. You remain responsible for all amounts not collected. If a payment is not successfully processed due to expiration, insufficient funds or other reasons and you do not cancel your account, we may block your access to the Service until we have successfully charged a valid payment method. This information can be viewed on the “Subscription” page in the dashboard. For some payment methods, certain fees may be charged by the issuer, such as fees for foreign transactions or other fees related to the processing of your payment method. Local tax burdens may vary depending on the payment method used. Check with your payment method provider for details. You are responsible for paying such additional fees.
    • Updating your payment methods: You can update your payment method(s) on the “Subscription” page. We may also update your payment method(s) with information provided by the payment service providers. After each update, you authorize us to continue to charge the corresponding payment method(s).
    • Cancellation: You can cancel your “portfolio” subscription at any time, but no later than 6 weeks before the end of your billing period. You will continue to have access to the ROBOTOP portfolio service until the end of your billing period. In case of termination, your account and the assets will be preserved. However, the AR scenes can no longer be experienced interactively, but are available as image files in .jpeg and .png format. This allows you to secure your content and get full access immediately when you reactivate your subscription.
    • To the extent permitted by law, payments are non-refundable, and we do not provide refunds or credits for partial subscription periods or unused additional users added to the subscription. To cancel, go to the “Subscription” page and follow the cancellation instructions. If you cancel your subscription on time, your account will automatically be switched to a ROBOTOP basic subscription.
    • Changes to the price and subscription plans: We may change our subscription plans and the price of our service from time to time; however, price changes or changes to your subscription plans will not take effect earlier than 30 days after notification to you.
  2. Fees and payment
    • Payment: You will pay the fees applicable to the Services (the “Fees”) as stated to you on the website or platform when purchasing the Services. ROBOTOP may calculate and collect the taxes you pay based on the billing information you provided at the time of purchase. You are responsible for all fees related to the use of the purchased Services (e.g., data transfer fees and currency conversion fees) and agree to provide complete and accurate billing and contact information in connection with your purchase of the Services.
    • Refund policy: All transactions between you and ROBOTOP are final. ROBOTOP will not refund any fees for transactions or services paid by you, unless otherwise agreed or provided for by the parties.
  3. Term and termination
    • Term: These Terms will remain in effect as long as you access or use the Services, or until they are terminated in accordance with the terms of these Terms. The license granted to you by ROBOTOP is effective indefinitely until ROBOTOP terminates it.
    • Effect of Termination: Section 2 (Your Responsibilities and Limitations), Section 5 (Fees and Payment), Section 7 (Property Rights), Section 8 (Confiality and Privacy) and Section 11 (Wiever) survive any termination or expiration of this Agreement. In no event will a termination or expiration of this Agreement release you from any obligations or liabilities incurred before termination, including the obligation to pay fees owed to ROBOTOP.

Licensing

  1. License Terms: Subject to the terms of this Agreement, ROBOTOP grants you a non-transferable, non-exclusive, revocable license to install a copy of the ROBOTOP Application on your device and to use the Services in accordance with the terms set forth in this Agreement (the “License”). The services are licensed to you, not sold. Except as expressly permitted by this Agreement or otherwise in writing by ROBOTOP, you do not acquire any right, title or license to ROBOTOP or any ROBOTOP technology, content, data, software, applications or materials made accessible by or incorporated into the Services.
  2. Updates: This Agreement does not grant you any rights to any updates or upgrades to the Services or to any maintenance versions, patches, fixes, enhancements or improvements (collectively, “Updates”) of the Services or their suppliers or licensors at any time in the future. Except as required by applicable law, this license does not entitle you to receive any maintenance or support services relating to the Services. ROBOTOP can provide updates and/or support. If provided, updates can be delivered automatically, or you can be notified when a new update is ready for installation or available for download. You authorize ROBOTOP to automatically deliver any update if we deem it necessary to ensure the ongoing functionality of the Services or for any reasonable business purpose. Your use of the updates will be governed by this Agreement, unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may need to enter into a renewed version of this Agreement if you wish to download, install or use a new or modified version of the Services.

Property rights

  1. Copyright in Intellectual Property: ROBOTOP (and its licensors, if applicable) exclusively owns all rights, titles and interests, including all related intellectual property rights, in the Services, the ROBOTOP Technology and any modifications or derivative works based thereon.
  2. Reservation of Rights: Other to assigning feedback to ROBOTOP pursuant to Section 7.1, each party retains all rights, titles and interests in its intellectual property, know-how, trade secrets, software, trademarks and all other intellectual property rights, subject to the license rights expressly granted in this Agreement.
  3. Customer data: You retain ownership of all customer data that you provide to the services under this agreement. You are solely responsible for the accuracy, quality, integrity, legality, reliability and suitability of all customer data.

Confidentiality and data protection

  1. Confidentiality: “Confidential information” refers to all information relating to the actual or expected business, research or development of ROBOTOP and all proprietary information, trade secrets and know-how of ROBOTOP disclosed directly or indirectly in writing, orally or by inspection or observation of tangible objects.
  2. Security: ROBOTOP may store the ROBOTOP technology used to provide the Services in third-party facilities where they are subject to certain safeguards to prevent unauthorized access to the Services.

Assurances, warranties and exclusions of liability

  1. Mutual Warranties: Each party represents and warrants that it has the legal right, power and authority to enter into this Agreement and to fulfill all its obligations under this Agreement.
  2. Your representations and warranties: You represent and warrant that you own all rights to the customer data or otherwise have the lawful right to post and distribute this customer data through the Services.
  3. Disclaimer: ROBOTOP AND ITS LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, FITNESS, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT.

Warnings

Before using the Services, read and follow all setup and operating instructions provided with the Services.

Limitations of liability

Limitation of Liability: EXCEPT YOUR OBLIGATION TO PAY US THE CONTRACTUALLY AGREED AMOUNTS, NO PARTY TO THIS CONTRACT IS LIABLE FOR ANY LOSS OR DAMAGES THAT EXCEEDS THE LEAST OF THE FOLLOWING AMOUNTS: (i) ALL FEES YOU HAVE PAID US IN EXCHANGE FOR THE USE OF THE SERVICES, OR (ii) €100.

Settlement of disputes

  1. Initial informal dispute resolution: Before one party files a lawsuit against the other, it agrees to resolve the dispute informally.
  2. Arbitration Agreement: You and ROBOTOP agree to resolve all claims related to these Terms or the Services through final and binding arbitration, except as set forth in “Exceptions to the Arbitration Agreement” below.

Copyright complaints and content removal policy

ROBOTOP respects the intellectual property rights of others and will respond to notices of alleged copyright infringement that comply with legal requirements. Creators should only upload 3D models that they have created themselves or for which they have all the necessary rights of use. This means that without explicit permission, they should not upload 3D models that they have not created themselves, and they should not use material in the 3D models whose copyrights belong to another person – e.g. B. Textures or geometries from copyrighted programs or models created by other users.

  1. Copyright exceptions: What are copyright exceptions? Copyright exceptions are legal provisions that, under certain circumstances, allow the use of copyrighted material of another person without their consent.
    • In the USA, the “fair use” rule is the most widespread copyright exception. The courts in the USA decide whether or not a particular case is considered “fair use” on the basis of four factors: The nature and purpose of the use, the nature of the copyrighted work, the scope and materiality of the part used in relation to the copyrighted work as a whole and the impact on the potential market for the copyrighted work or its value. In particular, reviews, comments and reports may fall under the fair use rule. The “fair use” rule is intended to strengthen freedom of expression.
    • In many EU Member States and other countries, more limited exceptions apply. No factors are weighted, but it must be possible to assign the reuse of copyrighted material to certain categories. Article 17 of the EU Directive on Copyright in the Digital Single Market defines the following categories: Quotes, Criticism, Reviews, Cartoons, Parodies and Pastiches. In addition to their usual meaning in everyday language, these terms have the force of law in the respective Member States and are interpreted by both the national courts and the Court of Justice of the European Union (ECJ). The context in which copyrighted material is used and the purpose of a copyright exception must also be taken into account. One purpose may be to reconcile the freedom of expression of authors and the copyrights of rights holders.
    • In some countries such as Australia, Canada and the United Kingdom, there is a mixed approach to exceptions based on the principle of “fair treatment.” Here, the courts weigh certain factors similar to the “fair use” rule. At the same time, however, reuse must fall into a certain category. These categories include quotes (general quotes and quotations for the purpose of criticism, review or reporting), caricatures, parodies and pastiches.
    • Most countries have signed the Berne Convention for the Protection of Works of Literature and Art. This international treaty allows the reuse of copyrighted material in certain categories, including quotations and reporting.
    • Although there are certain parallels in copyright exceptions in different countries, the laws differ significantly from country to country. The question of whether a reuse falls under a copyright exception cannot therefore be answered across the board. Rather, the courts decide on a case-by-case basis whether such an exception exists or not.
    • The goal of ROBOTOP is to enable everyone to share immersive content and to present ideas, visions and products to the world in a tangible way. Copyright exceptions play a crucial role in this context, as they support the free flow of ideas and creativity. Against this background, the rights holders should check whether a copyright exception is applicable before applying for removal for copyright reasons. In this way, the copyright of the respective rights holders can be respected and at the same time the freedom of expression of the authors protected by copyright exceptions can be preserved.
    • ROBOTOP also offers creators various products with which content can be created and information shared in a completely new way. In the ROBOTOP model library you will find manufacturer-neutral, high-quality 3D models that you can use safely in your content. With the ROBOTOP Software Suite, content with external 3D data can also be created, provided that the respective rights holders have given their consent. Our software and services are continuously expanded.
  2. How can rights holders file complaints about copyright infringement?
    • With access to the ROBOTOP platform, users as rights holders can manage their copyrighted material on ROBOTOP. Depending on the scope of the copyrighted content on ROBOTOP and the resources they use for the responsible management of the online content, we offer rightholders the appropriate services and offer the appropriate opportunities to file complaints about copyright infringement.
    • Content with illegally used copyrighted elements can be removed with the help of a manual copyright notice by e-mail to service@robotop.de.
  3. Content-ID
    • Every 3D content you upload and share to ROBOTOP has its own ID. This digital fingerprint allows you as the rights holder to specifically claim content to which you have the exclusive rights. You can claim various measures for yourself:
    • You can request a removal of the 3D content. To do this, indicate both the respective ID and the corresponding 3D model in your complaint email to service@robotop.de. As soon as we have received your request, we will carry out a comparison of the data and, in the event of a copyright infringement, take measures to delete the 3D content together with its call numbers.
    • Mention as the author of the content via the ID. In most cases, this means that rights holders do not have to submit deletion applications for copyright infringement for this 3D content, but may claim the mention under the respective 3D content.

General

  1. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes all prior and contemporaneous agreements relating to the subject matter herein.
  2. Assignment: This agreement is binding on the parties and their respective successors and permitted assignees.
  3. Relationship of the parties: The parties expressly agree that they are independent contractual partners.
  4. Injunction: An actual or imminent violation of certain sections of this Agreement may cause immediate and irreparable damage.
  5. Applicable law & place of jurisdiction: This agreement is subject in all respects to the laws of Germany, regardless of conflict of laws.
  6. No third-party beneficiaries: This agreement is concluded for the benefit of ROBOTOP and you and not for the benefit of third parties.
  7. No waiver: No waiver of any provision of this agreement shall be deemed to be a waiver of further or other provisions.
  8. Divisibility: If individual provisions of this agreement are invalid or unenforceable, they will be modified in such a way that the original purpose is achieved as far as legally possible.
  9. Subsequent agreements: All conditions of subsequent agreements to this contract must be agreed in writing and signed by both parties.
  10. Notification: Notifications can be made by e-mail or by next-day delivery by a nationally recognized delivery service.
  11. Change of Terms: ROBOTOP reserves the right to update, revise, supplement and otherwise change this Agreement from time to time.
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