General terms and conditions for the free-of-charge usage of paramate and/or trCAD

1. Scope of this contract

These terms and conditions define a contract between trinckle 3D GmbH, postal address Neuendorfstr. 26, 16761 Hennigsdorf, Germany (denoted “trinckle”) and each user of the software paramate and/or trCAD (those users denoted “user”) that use the free-of-charge offerings under the free license which can be accessed via the domains paramate.trinckle.com and/or trcad.trinckle.com (denoted “online platform” or “online service”).

Using paramate and/or trCAD is bound to different licenses with different terms and conditions. This contract defines the conditions for using the paramate and/or trCAD software and platform free-of-charge with the free license. For the usage with other license types different terms apply that can be requested for by contacting trinckle.

trinckle reserves the right to change and adapt these terms at any time with future effect. trinckle will inform about these changes on the website and/or via email to registered users. If the user does not object within three weeks after getting notified the changes are deemed accepted. trinckle will inform the user about the effect of not objecting. If the user objects trinckle may cancel this contract. If logging in before the end of the notice period the changes are deemed to be accepted as well.

2. Limitations of Usage

For using paramate and/or trCAD with the free license trinckle may apply certain technical restrictions that limit the usage. These limitations may be qualitative or quantitative.

3. Description of “trCAD” and “paramate”

trCAD is a CAD software for parametric 3D construction that can be used for automating 3D designing tasks. It comes with a scripting interface for programming. trCAD can be used directly on the online platform.

paramate is a software system that allows to automate 3D-construction and design tasks by generating configurators. For doing so, suitable CAD configurator files (e.g. trCAD files) are uploaded into the paramate platform for server-side processing. paramate provides an API-interface for controlling the processing of those files and generates an output that can be used for configurator applications, typically a web frontend of an online configurator.

4. Definition of a “Configurator”

For automating a 3D construction or design task with paramate not only the CAD configurator file is needed, which contains the actual construction specifications. In addition files for defining other aspects like 3D rendering or the web frontend are needed. The complete application generated from this set of data is denoted as one “configurator” or “configurator application”.

Although it is technically possible to build a configurator that again contains different configurator applications this is not intended or allowed in the scope of this contract. In this scope one configurator is defined as one application for one concretely outlined purpose, e.g. one configurator for the automated design of a specific product like a cup.

If the usage for a defined number of configurators is specified for a license then this concretely outlined type of configurator is meant. In case of doubt the usage is to be negotiated with trinckle beforehand.

5. Fees and License

For using the software under the free license no license fees or other payments have to be paid to trinckle.

Using the software and the connected online service under the free license is generally only allowed for private, non-commercial purposes. For the usage for other purposes different terms apply that can be requested for by contacting trinckle.

6. Personal and technical prerequisites of the user

Personal prerequisite for using the online service is the full contractual capability of the user. By registering the user confirms to be minimum 18 years of age and fully contractually capable. The user cannot legally demand to get registered and use the online service.

The online service can in parts be used without a registration. For accessing certain functionality a registration with generating a user account is necessary. The registration is done by the user by choosing a user name / email address (denoted “login-name”) and a password (both together denoted “login”). After completing the registration an email with a confirmation link will be sent to the user for verifying the registration and the email address. Only after activating the registration using the link the registration will become completely finished. The gathered data will undergo electronic data processing by trinckle. The user is obliged to fill in the registration data completely and truthfully. The user is obliged to keep his registered data up to date and to update the information immediately and without request. The user is obliged to keep his login data secret. Giving the login to a third party and them using the login is not allowed. trinckle is not liable for damages that are caused by unauthorized usage of the login.

For using the online service the user needs certain technical system prerequisites and needs to have a suitable online access that allows the technical usage of the online service. Costs for these technical prerequisites ore not part of this contract. Using the online service requires suitable hard-and software that has to be provided by the user.

7. Data protection

trinckle processes personal data of the user according to the data privacy notice.

8. Legitimacy of uploaded content

The user guarantees that the files and content uploaded by the user are legitimate and in particular do not infringe the rights of a third party. The user is obliged to not upload pornographic, extremist, racist, discriminating or violence glorifying content, content harmful to minors or content that violates laws of the Federal Republic of Germany.

9. Warranty

The software is provided “as is”, without warranty of any kind, expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement.

Access to the software as a service is provided without warranty of any kind, expressed or implied, including but not limited to the warranties of availability, non-interruption or saving of data uploaded by the user.

The service can completely or in parts be discontinued at any time without notice.

trinckle is only liable in accordance with the statutory provisions of German law for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software, if those claims, damages or other liabilities are caused by intentional or grossly negligent behavior of trinckle or its agents. In no other event shall trinckle be liable.

10. Miscellaneous

This Contract shall be governed by the laws of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods. Berlin is the place of jurisdiction for this contract.

trinckle may transfer this contract completely or in parts to a third party with the user’s consent. The transfer is deemed to be accepted by the user if the user does not reject the transfer in writing within one month after getting notified by trinckle. If the user objects trinckle may cancel this contract. The user will be informed about the effect of not actively rejecting. Notification by email is sufficient for the abovementioned communication.

Should one or more of the provisions in this contract be or become invalid, the validity of the remaining provisions shall not be affected.