This Statement was last updated on March 11, 2019
These terms of service (Terms) form a legal agreement between you and Ultimaker B.V. (Ultimaker), a private limited company established in Utrecht (the Netherlands) and registered with the Chamber of Commerce of the Netherlands under registration number 56793138.
These terms govern your use of the Ultimaker Account (as defined below) as well as any Ultimaker services (Services) that are explicitly governed by these Terms.
By clicking "I agree", you agree that these Terms will apply to your current and future use of the Ultimaker Account and all Services. You agree to use the Ultimaker Account and the Services only to the extent permitted by these Terms. Your use of any of the Services is for your own risk and account and Ultimaker does not accept any responsibility in this respect.
If you do not agree to (any part of) these Terms or do not fully understand these Terms, do not use the
Ultimaker Account and/or Services.
YOUR USE OF THE SERVICE
You need to have a valid Ultimaker Account to access and/or use the Services. You can create an Ultimaker account via account.ultimaker.com (the Ultimaker Account). The terms set out in Clause 2 below shall apply to such Ultimaker Account.
You may only use the Services with an Ultimaker Account owned by you. You must refrain from using the Services for illegal purposes or inappropriate purposes, including but not limited to acts of intellectual property infringement and the violation of others' rights (including their privacy and publicity).
YOUR ULTIMAKER ACCOUNT
You agree to provide accurate, current and complete information when you create an Ultimaker Account.
You are responsible for all activities that occur under your Ultimaker Account. Ultimaker Account login credentials are for your internal use only. You may not sell, transfer or sublicense them to any third party.
You are responsible for maintaining the confidentiality of your Ultimaker Account login credentials and agree to notify Ultimaker immediately if your password is lost, stolen or disclosed to an unauthorized third-party, or otherwise may have been compromised.
You understand that Ultimaker may ask you to provide personal data in the context of your use of the
Ultimaker Account and/or the Services. Ultimaker processes your personal data in accordance with
Unless where otherwise agreed, Ultimaker is under no obligation to provide you with functional and/or technical support in connection to the Ultimaker Account and/or the Services. Ultimaker will nevertheless attempt to address questions related to the Ultimaker Account and/or the Services via email and the Community Website: community.ultimaker.com.
ADDITIONAL TERMS AND CONDITIONS
Please note that additional license terms and conditions may apply to your use of the Ultimaker Account and/or (any of) the Services. Ultimaker may require you to accept such terms and conditions in order to be able to (continue to) use such Ultimaker Account and/or Services.
Please note that these Terms do not apply to third party plug-ins made available via Ultimaker Cura. It is noted that third party terms and conditions may apply to such use.
REVIEWS AND RATINGS
Ultimaker may provide functionality through the marketplace in Cura and/or the Ultimaker.com website that enables to you to rate and review products and services (including but not limited to Services) made available by Ultimaker. You remain solely responsible for the contents of your own reviews and ratings. Nonetheless, Ultimaker may delete inappropriate and/or unlawful content at its sole discretion.
You provide Ultimaker with a free of charge, irrevocable and perpetual license to publish your reviews and ratings for Ultimaker's commercial purposes.DISCLAIMER, LIMITATION OF LIABILITY
Unless where otherwise agreed, Ultimaker (i) makes the Ultimaker Account available and (ii) provides the Services on an "as is" basis and does not make any warranties, either express or implied, about the Ultimaker Account and/or the Services or the security thereof. Unless where otherwise agreed, to the fullest extent permitted by applicable law, and regardless of the form of the cause of action, Ultimaker shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill or other intangible losses, resulting from any matter relating to the (use of the) Ultimaker Account and/or (any of) the Services.
Where you are using the Ultimaker Account and/or the Services for a personal purpose and in the capacity of a consumer, these Terms do not exclude or limit any rights which may not be waived by agreement.
CHANGES TO THE SERVICE & DISCONTINUANCE OF THE SERVICE
Ultimaker may update and change the Services from time to time. Ultimaker may also at any time decide to discontinue the Services. Ultimaker shall provide you with prior notice of such discontinuance, update, or change.
TRANSFER OF RIGHTS
You shall not be entitled to sell and/or transfer any rights and/or obligations arising from these Terms to a third party.
You acknowledge and agree in advance that Ultimaker may transfer its rights under these Terms to a third party.
SUSPENSION AND TERMINATION OF THE SERVICE
Ultimaker reserves the right to suspend or terminate your access to the Ultimaker Account and/or (any of) the Services immediately without prior notice if you are in breach of any of these Terms, or if you have not accessed and/or used the Ultimaker Account and/or the Services for at least 12 consecutive months. Ultimaker may in such case erase all data stored by you via the Services in the Ultimaker cloud.
If any provision of these Terms is held to be unenforceable, the enforceability of the remaining provisions shall not be affected.
TERMINATION OF USE
If you no longer wish to use the Ultimaker Account and/or the Services, you can submit a termination request via [email protected] You understand that once Ultimaker has processed your termination request, you are no longer allowed to use the Ultimaker Account and the Services, as the case may be, and that Ultimaker may erase all data stored by you via the Services in the Ultimaker cloud.
CHANGES TO THESE TERMS
Ultimaker may unilaterally change these Terms. Ultimaker will provide you with a prior notice before such changes become effective. Your continued use of the Ultimaker Account and/or the Services will be deemed an acceptance of such changes. If you do not accept such changes, Ultimaker may restrict or end your access to the Ultimaker Account and/or the Services.
These Terms will be governed by and construed in accordance with the laws of the Netherlands. Any disputes in connection with the Services and/or these Terms will be submitted exclusively to the competent court in Amsterdam, the Netherlands.