Terms and Conditions: Ultimaker Account

This Statement was last updated on November 3, 2020

Welcome to the Ultimaker Account! These Terms and Conditions apply to your use of the Ultimaker Account and services offered by Ultimaker through your Ultimaker Account (the Ultimaker Services). These Terms and Conditions are between you and Ultimaker B.V. (Ultimaker). Please read these Terms and Conditions before you use the Ultimaker Account. These Terms and Conditions include Ultimaker’s privacy policy (as can be found on Ultimaker’s website). In our privacy policy we describe how we collect and process your personal data. In addition to these Terms and Conditions, specific terms and conditions may apply in respect of your use of specific Ultimaker Services or products. In the event of any discrepancy between these Terms and Conditions and specific terms and conditions for Ultimaker Services or products, the latter shall prevail.

You mean the entity you represent in accepting these Terms and Conditions, or if that does not apply, you individually. If you are accepting these Terms and Conditions on behalf of a legal entity, you represent and warrant that you have the authority to bind such entity and its affiliates to these Terms and Conditions and that you have read and agree to these Terms and Conditions. If you do not have such authority, do not click “I agree”. If you use an email address of your employer or another entity, you will be deemed to represent such party by clicking “I agree” you will bind such party to these Terms and Conditions. These Terms and Conditions do not have to be signed in order to be binding. By using the Ultimaker Account or by clicking or checking a box indicating your acceptance of these Terms and Conditions, you accept and agree that you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions and the other terms referred to above, you may not use the Ultimaker Account nor the services or products offered by Ultimaker through the Ultimaker Account.

Ultimaker reserves the right to change these Terms and Conditions without prior written notice at any time. You will be asked to agree to such new terms. By continuing to access the Ultimaker Account after such a change has been implemented or by clicking or checking a box indicating your acceptance of or agreement with such changes, you accept and agree to such changes. If you do not accept the new Terms and Conditions, you may no longer use the Ultimaker Account and the Ultimaker Services.

1. Your use of the service

You need to have a valid Ultimaker Account to access and/or use the Ultimaker 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 in accordance with these Terms and Conditions. You must refrain from using the Ultimaker Account and Ultimaker 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).

You are not allowed to exploit the Ultimaker Account and/or the Ultimaker Services in any way on your own behalf, regardless whether this is for a commercial or non-commercial purpose. In addition, you are not allowed to transfer, sub-license, share or use the Ultimaker Account and/or the Ultimaker Services in any other way than as provided for in these Terms and Conditions, unless you have obtained our prior written consent.

2. Your Ultimaker account

When registering for an Ultimaker Account, you agree that you will (i) provide true, accurate, current and completed information as prompted by the registration form and (ii) maintain and promptly update such information when applicable to ensure that such information is always true, accurate, current and complete. This also applies for any registration requirements for the Ultimaker Services.

You are fully responsible for your Ultimaker Account and any and all activities associated with your Ultimaker Account when using the Ultimaker Services, including but not limited to any harm or damage (to us or anyone else) caused by a person who used your Ultimaker Account without authorization. Keep your password safe and confidential and take appropriate measures to safeguard your Ultimaker Account.

You may not share your Ultimaker Account login details with any other person or let any other person use your login details to access your Ultimaker Account and/or the Ultimaker Services. In the event you know or suspect that any other person is using your Ultimaker Account, you must notify us immediately through [email protected] We may request some information from you to confirm that you are the owner of your Ultimaker Account.

3. Acceptable use

When using the Ultimaker Account and/or the Ultimaker Services, you will not: (i) defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as rights of privacy, publicity and intellectual property) of others or Ultimaker; (ii) publish, ship, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, false, fraudulent, tortious, indecent, unlawful, immoral or otherwise objectionable material or information (including any unsolicited commercial communications); (iii) publish, ship, distribute or disseminate material or information that encourages conduct that constitutes a criminal offense; (iv) misrepresent or in any other way falsely identify your identity or affiliation, including through impersonation or altering any technical information in communications using the Ultimaker Account and/or the Ultimaker Services; (v) knowingly transmit or upload any material through the Ultimaker Account and/or the Ultimaker Services containing viruses, Trojan horses, worms, time bombs, cancelbots or any other programs with the intent or effect of damaging, destroying, disrupting or otherwise impairing Ultimaker’s or any other person’s or entity’s network, computer system or other equipment; (vi) interfere with or disrupt the Ultimaker Account and/or the Ultimaker Services, networks or servers connected to Ultimaker’s systems or violate the regulations, policies or procedures of such networks or servers, including unlawful or unauthorized altering of any of the information submitted through the Ultimaker Account and/or the Ultimaker Services, (vii) attempt to gain unauthorized access to the Ultimaker Account and/or the Ultimaker Services, other computer systems or networks using the same software applications as Ultimaker through any means; (viii) copy, modify or create derivative works or improvements of the Ultimaker Account and/or the Ultimaker Services and underlying software; (ix) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source of the Ultimaker Account and/or the Ultimaker Services or underlying software in whole or in part; (x) bypass or breach any security device or protection used by the Ultimaker Account and/or the Ultimaker Services or use the Ultimaker Account and/or the Ultimaker Services other than through the use of then valid access credentials; (xi) use the Ultimaker Account and/or the Ultimaker Services for purposes of competitive analysis of the Ultimaker Account and/or the Ultimaker Services or the underlying software, the development, provision or use of a competing software service or product or any other purposes that is to Ultimaker’s detriment or commercial disadvantage; or (xiii) interfere with another party’s use of the Ultimaker Account and/or the Ultimaker Services or underlying software. Ultimaker reserves the right to monitor and audit your use of the Ultimaker Account and/or the Ultimaker Services to ensure compliance with these Terms and Conditions.

You will also not use the Ultimaker Account and/or the Ultimaker Services from countries that are sanctioned by either the European Union and/or the United States nor act in any way in breach of sanction laws and regulations when using the Ultimaker Account and/or the Ultimaker Services. You will comply with all applicable laws and regulations when using the Ultimaker Account and/or the Ultimaker Services and you will not submit sensitive personal information during such use.

We may remove or edit inappropriate content or activity identified by or reported to us or suspend or terminate your access to the Ultimaker Account and/or the Ultimaker Services in the event of your non-compliance with these Terms and Conditions.

4. Support

Unless where otherwise explicitly provided otherwise by Ultimaker, Ultimaker is under no obligation to provide you with functional and/or technical support in connection to the Ultimaker Account and/or the Ultimaker Services. Ultimaker will nevertheless attempt to address questions related to the Ultimaker Account and/or the Ultimaker Services through the Ultimaker support desk and the Community Website: community.ultimaker.com

5. 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 Ultimaker Services. Ultimaker may require you to accept such terms and conditions in order to be able to (continue to) use such Ultimaker Services.

Please note that these Terms and Conditions do not apply to third party plug-ins made available or accessible via Ultimaker Cura or other Ultimaker platforms. Any use by you of such plug-in and/or third party product is between you and the applicable provider of the plug-in/product.

6. Reviews and ratings

Ultimaker may provide functionality through the Ultimaker Marketplace, Cura and/or the Ultimaker.com website that enables to you to rate and review products and services (including but not limited to Ultimaker 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.

7. Changes and discontinuance

Ultimaker may update and change the Ultimaker Services from time to time. Ultimaker may also at any time decide to discontinue the Services. Where commercially reasonably possible, Ultimaker shall provide you with prior notice of such discontinuance, update, or change.

8. Suspension and termination

Ultimaker reserves the right to suspend or terminate your access to the Ultimaker Account and/or (any of) the Ultimaker Services immediately without prior notice if you are in breach of any of these Terms and Conditions, or if you have not accessed and/or used the Ultimaker Account and/or the Ultimaker Services for at least 12 consecutive months and do not have an active subscription for another Ultimaker Product, such as Ultimaker Essentials. Ultimaker may in such case erase all data stored by you via the Ultimaker Services in the Ultimaker cloud.

If you no longer wish to use the Ultimaker Account and/or the Ultimaker 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 Ultimaker Services, as the case may be, and that Ultimaker may erase all data stored by you via the Services in the Ultimaker cloud.

9. Intellectual property rights

All rights, title and interest in the Ultimaker Account and/or the Ultimaker Services, including but not limited to the available content and current and future applications are and will remain the exclusive property of Ultimaker. The Ultimaker Account and the Ultimaker Services are protected by copyright and trademark laws. You are not allowed to use the trademark “Ultimaker” or Ultimaker distinctive features for any purpose.

10. Security and privacy

Ultimaker has implemented numerous measures to safeguard the security of the Ultimaker Account, the Ultimaker Services and related information. However, we cannot guarantee that unauthorized third parties will not be able to defeat such measures and therefore we do not give any warranty or guarantee to you in this respect. For more information, reference is made to the security statement on ultimaker.com.

Ultimaker collects certain data about you and the usage of the Ultimaker Account and the Ultimaker Services within your organisation. We collect and use all such data in accordance with the Ultimaker privacy policy, which you acknowledge. In addition, we use analytics techniques to understand how the Ultimaker Account and the Ultimaker Services are used and how we can enhance and improve our services. The Ultimaker privacy policy also contains further information in this respect.

11. Feedback

We may ask you to provide feedback to Ultimaker regarding the Ultimaker Account and/or the Ultimaker Services and your experience in using it. If you decide to provide feedback, such feedback collected during this period will only be used in anonymous form. By providing us with your feedback, you agree that Ultimaker may use your feedback, without restriction and without compensation due, for any purpose and to the extent required, you hereby grant a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to Ultimaker to use, copy, modify or otherwise exploit such feedback.

12. No warranty

To the maximum extent permitted by law, the Ultimaker Account and the Ultimaker Services are provided “as is”, without any warranties of any kind, whether express, implied or statutory, including but not limited to warranties of title, quality, non-infringement or merchantability. We do not warrant that your use of the Ultimaker Account and the Ultimaker Services is error-free or uninterrupted or that we will preserve or maintain your data without loss. No advice or information provided to you by Ultimaker shall create any warranty. We also make no representations or warranties about the suitability or fitness of the Ultimaker Account and/or the Ultimaker Services for your purposes.

13. Limitation of Liability

To the fullest extent permitted by law, in no event shall Ultimaker or any of its affiliates be liable to you for any indirect, consequential, special or incidental damages of any kind, including but not limited to loss of profits, loss of use, lost data, failure of security mechanisms or interruption of business, incurred as a result of your use of the Ultimaker account and/or the Ultimaker services, regardless of the form of action, whether in contract, tort or otherwise, even if informed of the possibility of such damages in advance. This limitation of liability does not apply in case the damages are caused by wilful misconduct or gross negligence of Ultimaker or its managerial staff.

In no event shall the aggregate liability of Ultimaker or any of its affiliates under these Terms and Conditions the amount of EUR 1,000 (one thousand euro), regardless whether an action is in contract or tort or otherwise, even if informed of the possibility of such damages in advance.

14. Indemnification

You will hold Ultimaker and its affiliates and their respective officers, directors and employees harmless from any claim, proceeding, action or suit as a result of (i) your use of the Ultimaker Account and the Ultimaker Services and (ii) your violation of these Terms and Conditions or of any rights of a third party. You shall indemnify Ultimaker for all losses, damages, liabilities, all reasonable expenses and costs (including but not limited to attorneys’ fees) incurred by Ultimaker in any such claim, action, suit or proceeding.

15. Miscellaneous

In case part of these Terms and Conditions should be or become void or non-binding, the remaining part shall be binding. Ultimaker shall replace the void or non-binding part by provisions that are valid and binding and of which the consequences, given the contents and intention of these Terms and Conditions, approximate the consequences of the void or non-binding parts to the extent possible.

Even if we do not exercise our rights immediately or fail to exercise a right in one case, it doesn’t mean we waive any of our rights under these Terms and Conditions and we may decide to enforce them in the future.

The following sections shall survive the termination of these Terms and Conditions: section 9 (Intellectual property rights); section 12 (No Warranty), 13 (Limitation of liability), 14 (Indemnification) and 15 (Miscellaneous).

Any notice or other communication to be given hereunder will be in writing and given by registered mail or email (by us to the email associated with your Ultimaker Account or by you through support.ultimaker.com).

You may not assign or transfer these Terms and Conditions (or the rights and licenses granted hereunder). We may assign these Terms and Conditions (or the rights and licenses granted hereunder) to any third party without restriction. Nothing in these Terms and Conditions confers any right rights for any third party.