Terms of Service


BigRep CONNECT Terms of Service

These Terms of Service are entered into by and between you (“You”, “Your”) and BigRep GmbH, Gneisenaustraße 66, 10961 Berlin, Germany (“BigRep”) when You accept these Terms of Service before logging into the administrator account provided by BigRep upon your request for the first time and govern the use of the software BigRep CONNECT (“Contractual Services”). These Terms of Service shall only apply vis à vis an entrepreneur (individual or legal entity) or a legal person under public law or a special fund under public law within the meaning of Section 310 para. 1 BGB (German Civil Code). If You are requesting an administrator account and accepting these Terms of Service on behalf of a company or other legal entity, You hereby represent and warrant to BigRep that you have the authority to bind such entity to these Terms of Service and, in such event, the terms “You” and “Your” will refer to such entity. If You do not have such authority, or if You or such entity do not agree to follow and be bound by these Terms of Service, You shall not accept these Terms of Service and You shall not use the Contractual Services. The acceptance of these Terms of Service constitutes the contract between BigRep and You (“Contract”).

No conflicting or other terms and conditions, in particular Your general terms and conditions, form any part of the Contract, even where BigRep has executed or performed the Contract without expressly rejecting such terms and conditions. If, for reasons related to Your technical arrangements or otherwise, Your terms and conditions of purchase or other standard terms are included by insertion, reference, enclosure, attachment or otherwise in Your request for the Contractual Services, You cannot rely on those conditions or terms and they are not incorporated in and do not form any part of the Contract, and failure to expressly exclude them does not imply their acceptance.

  1. Subject Matter of the Contract
    1. BigRep provides access to the Contractual Services in the form of a Software-as-a-Service solution in its area of disposition (from the data processing centre’s interface to the internet). Further information on the Contractual Services are provided in the service description.
    2. Further services such as development of customer-specific solutions or necessary adaptations require a separate contract.
    3. BigRep may provide updated versions of the Contractual Services. BigRep shall inform You about updated versions and corresponding instructions via the user interface of the Contractual Services and make these available accordingly.
    4. BigRep is entitled to use subcontractors for the provision of the Contractual Services.
  2. Scope of Use
    1. The Contractual Services may only be used by You for the duration of the Contract and only for the purposes described in the service description. You may access the Contractual Services via the internet and use the functionality associated with the software in a contractually compliant manner. You do not receive any further rights, in particular, pertaining to software or any provided infrastructure services at the respective data processing center. Any further use requires BigRep’s prior written consent.
    2. You must not use the Contractual Services beyond the scope of use described in the service description, or allow third parties to use or access the Contractual Services.
    3. BigRep is authorized to take appropriate technical measures to prevent non-contractual use. This must not significantly impair contractually compliant use of the Contractual Services.
    4. If You exceed the scope of use described in the service description or an unauthorized transfer of use takes place in breach of the Contract, You, on request, shall immediately supply BigRep with all available information for assertion of claims due to the non-contractual use including, in particular, the user’s name and address.
    5. BigRep may withdraw Your right of access and/or cancel the Contract if You substantially exceed Your authorized scope of use or breach regulations for preventing unauthorized use. In this context, BigRep can interrupt or block access to the Contractual Services. Beforehand, BigRep must always set a reasonable grace period of remedy for You. Sole revocation of access to the Contractual Services does not simultaneously constitute cancellation of the Contract. Revocation of access to the Contractual Services without notice can be upheld by BigRep only for a reasonable period of time not exceeding 3 months.
    6.  BigRep is entitled to claim an additional remuneration for Your usage above and beyond the agreed scope.
    7. You are entitled to renewed granting of access after proving that You have ceased non-contractual use and prevented further non-contractual use.
    8. The scope of use of the Contractual Services is limited to the types of content specified in the service description. Excluded from the scope of use is content like unsupported file types. BigRep reserves the right to change the types of content applicable for the use of the Contractual Services (e.g. addition of new types, deletion of technical overhauled types). The data storage capacity for the Contractual Services is limited as further specified in the service description.
  3. Non-Disclosure, Data Protection
    1. If no separate non-disclosure agreement has been entered into, the following provisions shall apply:
      1. “Confidential Information” means all information which BigRep or You protects against unrestricted disclosure to others, or that are deemed confidential according to the circumstances of their disclosure or their content. In any case, the following information is considered to be Confidential Information of BigRep: the software BigRep CONNECT, programs, tools, data and other material that BigRep provides to You before or on the basis of the Contract. You and BigRep will keep strictly confidential all exchanged Confidential Information. Neither You nor BigRep will use, disclose or record the Confidential Information unless necessary to fulfill the purposes of the Contract.
      2. Excluded from the obligations under 3.1.1 are information that are,
        a) publicly known by the time of entering into this Contract or become publicly known afterwards without a breach of this Contract or another contract between You and BigRep,
        b) disclosed with prior consent of the owner of the Confidential Information,
        c) disclosed pursuant to a judgment or decision of a court or authority. To the extent permitted by law, You and BigRep will notify each other of any such judgment or decision and give the affected party the opportunity to appeal the judgment or decision.
      3. You and BigRep will disclose the Confidential Information only to employees who have a need to know such information for the purposes of this Contract.
    2. You and BigRep will follow the provisions of the EU General Data Protection Regulation (GDPR) and other local data protection laws. To the extent that BigRep can access personal data belonging to You as the controller, BigRep shall act exclusively as a processor. You are solely responsible for compliance with all data protection regulations when using the Contractual Services. In particular, You are responsible for obtaining the consents of users and business partners, if applicable.
    3. Information collected and used by BigRep during Your use of the Contractual Services can be found in BigRep’s Privacy Policy (https://bigrep.com/data-privacy).
  4. Your Content
    1. When using the Contractual Services you provide us with data, information and similar like your files (such as G-Code or STL files), printer data, comments/notes, print ratings (“Your Content”). Your Content is Yours. You maintain sole and exclusive ownership of, and responsibility for, Your Content.
    2. You hereby grant to BigRep a royalty-free, worldwide, non-exclusive, non-sublicensable (except to BigRep’s third-party contractors or service providers), non-transferable right and license for the term of this Contract to copy, display, modify and otherwise use Your Content only (i) in connection with ensuring the operation of the Contractual Services on Your behalf and (ii) internally in connection with improving BigRep technology.
    3. You hereby grant to BigRep a permanent and irrevocable, royalty-free, worldwide, non-exclusive, non-sublicensable (except to BigRep’s third-party contractors or service providers), non-transferable right and license to create anonymized and aggregated data from Your Content, provided such data cannot be used to identify You or any authorized user of You (“Aggregated Data”). You acknowledge and agree that BigRep can use the Aggregated Data and Metrics (such as print times, success/failure rates, material consumptions, etc.) in any manner.
  5. Your Obligations
    1. You shall protect the access rights as well as identification and authentication details assigned to You against access by third parties, and not disclose these details to unauthorized parties.
    2. If You recognize any breach of the provisions of these Terms of Service or any interference by third parties, You are obliged to inform BigRep immediately.
    3. You represent and warrant that You have made all disclosures and have all rights, consents and permissions necessary to submit, develop and use Your Content in connection with Your use of the Contractual Services and Your Content does not infringe or misappropriate any third party rights, in particular intellectual property rights, or violate any applicable laws, rules or regulations. BigRep is not responsible for and has no duty to pre-screen Your Content. However, BigRep reserves the right at all times to determine whether Your Content is appropriate and in compliance with these Terms of Service, and may pre-screen, refuse and/or remove Your Content at any time at its sole discretion, if Your Content is found to be in violation of these Terms of Service, including the Acceptable Use Policy. Where practicable, BigRep will use reasonable efforts to provide You with prior notice of the refusal and/or removal of Your Content. Once You resolve the issue requiring refusal and/or removal, BigRep will promptly restore Your access to the Contractual Services in accordance with this Contract.
    4. You are solely responsible for backing up Your Content to Your own computer or other device. BigRep does not guarantee or warrant that Your Content will be free of damage, corruption or loss.
  6. Acceptable Use Policy
    1.  In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Contractual Services:
      1. •  for any unlawful purpose
      2. •  to solicit others to perform or participate in any unlawful acts
      3. •  to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
      4. •  to infringe upon or violate our intellectual property rights or the intellectual property rights of others
      5. •  to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
      6. •  to submit false or misleading information
      7. •  to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Contractual Services
      8. •  to spam, phish, pharm, pretext, spider, crawl, or scrape
      9. •  to interfere with or circumvent the security features of the Contractual Services
    2. BigRep reserves the right to terminate the Contract for the use of the Contractual Services for cause immediately if You violate any of the prohibited uses set forth in Clause 6.1 in the use of the Contractual Services in Your area of responsibility.
    3. In case BigRep exercises its right for an early termination for cause pursuant to Clause 6.2, You shall pay damage compensation equal to the remuneration which would have been due for contractually compliant use over the Initial Term (see Clause 12.1) applicable to the Contractual Services. Your right to prove that You are not responsible for the infringement, or that damage is either absent or much less significant, remains reserved for You. BigRep remains entitled to assert further damage claims.
  7. Third-Party Rights, Indemnification
    1. BigRep will defend You from and against any third-party claim to the extent alleging that the Contractual Services, when used by You as authorized in the Contract, infringes a third party’s patent, copyright, trademark or trade secret, and will indemnify and hold harmless You against any damages or costs awarded against You (including reasonable attorneys’ fees) or agreed in settlement by BigRep resulting from the claim.
    2. You will defend BigRep from and against any third-party claim to the extent resulting you’re your Content or Your breach or alleged breach of these Terms of Service, in particular Clause 5 (Your Obligations) and Clause 6 (Acceptable Use Policy), and will indemnify and hold harmless BigRep against any damages or costs awarded against BigRep (including reasonable attorneys’ fees) or agreed in settlement by You resulting from the claim.
    3. The indemnifying party’s obligations in this Clause 7 are subject to receiving (a) prompt notice of the claim, (b) the exclusive right to control and direct the investigation, defense and settlement of the claim and (c) all reasonably necessary cooperation of the indemnified party, at the indemnifying party’s expense for reasonable out-of-pocket costs. The indemnifying party may not settle any claim without the indemnified party’s prior consent if settlement would require the indemnified party to admit fault or take or refrain from taking any action (other than relating to use of the Contractual Services, when BigRep is the indemnifying party). The indemnified party may participate in a claim with its own counsel at its own expense.
    4. In response to an actual or potential infringement claim, if required by settlement or injunction or as BigRep determines necessary to avoid material liability, BigRep may at its option: (a) procure rights for Your continued use of the Contractual Services, (b) replace or modify the allegedly infringing portion of the Contractual Services to avoid infringement without reducing the Contractual Service’s overall functionality or (c) terminate the affected Contract and refund to Customer any pre-paid, unused fees for the terminated portion of the term and the period during which the Contractual Services could not be used. BigRep’s obligations in this Clause 7 do not apply (1) to the extent infringement results from Your modification of the Contractual Services or use of the Contractual Services in combination with items not specified in the service description or provided or authorized by BigRep, (2) to infringement resulting from software other than the most recent release provided by BigRep, (3) to unauthorized use of the Contractual Services, (4) if You settle or make any admissions about a claim without BigRep’s prior consent or (5) if You continue to use the Contractual Services (or any element thereof) after being notified of allegedly infringing activity or informed of modifications that would have avoided the alleged infringement. This Clause 7 sets out Your exclusive remedy and BigRep’s entire liability regarding infringement of third-party intellectual property rights.
  8. Liability
    1. BigRep is liable for damages (including expenses) regardless of the legal reason (e.g. damages resulting from breach of contract or quasi contract, neglect of duty, tort) as follows:
      1. In case of injury to life, body or health, in case of claims based on the German Product Liability Act and in other cases in which BigRep’s liability may not be excluded or limited according to mandatory laws, BigRep is liable according to statutory laws.
      2. In case of damages caused by willful intent, BigRep is liable according to statutory laws
      3. .In case of gross negligence of BigRep’s legal representatives and executives, BigRep is liable according to statutory laws.
      4. In case of gross negligence of BigRep’s vicarious agents (Erfüllungsgehilfen), BigRep is liable according to statutory laws if a Cardinal Duty was breached; in case of breach of a duty that is not a Cardinal Duty, BigRep’s liability is limited to the typical contractual damage which was foreseeable when the parties entered into the Contract. A cardinal duty is any obligation, the fulfillment of which is a prerequisite for enabling the proper fulfillment of the Contract in the first place and in the observance of which You may normally trust ("Cardinal Duty").
      5. In case of slight negligence resulting in a breach of a Cardinal Duty, BigRep’s liability is limited to the typical contractual damages foreseeable at the time the Contract was concluded.
      6. You and BigRep agree that the typical contractual and foreseeable damages in no event exceed the fees You paid BigRep under the Contract for the respective Contractual Services.
      7. In all other cases BigRep’s liability is excluded. In particular, any no-fault liability of BigRep, which is liability irrespective of culpability (e.g. according to Section 536a para. 1 BGB), for damages arising from malperformance which is present at the time of conclusion of the Contract is excluded.
    2. BigRep may invoke contributory negligence on Your part. You are especially obliged to perform routine backups and employ virus protection according to the current state of the art. Routine backups must occur at adequate intervals, but at least once a day, so that data can be restored with reasonable effort. In the case of a loss of data culpably caused by BigRep, BigRep’s liability is limited to the expenses that are incurred if routine backups are properly made and virus protection properly employed.
    3. For the avoidance of doubt, this Clause 8 also applies to the extent the legal reason for BigRep’s liability results from data protection law or a data processing agreement.
  9. Availability, Defective Contractual Services
    1. Availability of provided Contractual Services is determined by the service description.
    2. Outage times because of maintenance works do not count as an unavailability. Planned maintenance works are going to be announced to You at least 3 working days in advance. Unplanned maintenance works are going to be announced as soon as they become necessary.
    3. Just a minor reduction in a Contractual Services’ suitability for contractual use shall not give rise to claims by You regarding defects.
  10. Warranty
    1. BigRep warrants, for the term of the Contract, that the Contractual Services meet the specifications described in the service description and that the Contractual Services, where used by You as contractually agreed, do not infringe any third-party rights. In the case of an infringement of a third-party right Clause 7 shall apply. Public statements about the performance of the Contractual Services, in particular in advertisings, do not constitute guarantees, representations or warranties.
    2. Claims due to minor deviations from the specifications and functions that do not impair the agreed usability of the Contractual Services shall be excluded. It is considered as a minor deviation if the Contractual Services run slowly. Malfunctions due to improper use of the Contractual Services are not defects that give rise to claims against BigRep.
    3. If the Contractual Services are deficient, BigRep will remedy the deficiencies in accordance with the defect management set forth in Clause 11 as a supplementary performance (“Nacherfüllung”) within a reasonable time. BigRep has at least two attempts to remedy the defect. One of the ways BigRep may remedy a defect is to indicate to You a reasonable way to avoid the effect of the defect.
    4. If the supplementary performance fails and BigRep is responsible for this, you may assert your statutory warranty rights.
    5. BigRep is liable for defects of the Contractual Services that were already present at the time of the conclusion of the Contract only if BigRep is responsible for such defects.
    6. You have to inform BigRep about any defects immediately via e-mail at [email protected] . BigRep will open a service ticket in the ticket system and inform you about the further proceedings.
  11. Defect Management
    1. BigRep shall receive Your reports of defects (see Clause 10.6), classify the defects into categories (see Clause 11.3) and use this classification to implement the respective measures to analyze and remedy the defects.
    2. BigRep shall receive Your reports of defects during BigRep’s normal business hours and assign an ID to each report. Upon Your request, BigRep shall confirm receipt of a defect report with a notification of the ID assigned to it.
    3. Unless agreed otherwise, BigRep shall classify received defect reports after an initial inspection into one of the following categories:
      1. a) Critical defect: The defect is based on a fault that makes the use of the Contractual Services, especially regarding the software, impossible or possible only with significant limitations. You cannot circumvent this problem in a reasonable manner, and are therefore unable to complete urgent jobs.
      2. b) Major defect: The defect is based on a fault that limits Your use of the Contractual Services, especially regarding the software, more than just insignificantly, without being a serious defect.
      3. c) Minor defect: Defect reports which do not fall into category a) or b) are assigned to the category of minor defects. Minor defects are handled by BigRep only in accordance with the individual agreements reached with You in this regard.
    4. In the case of reports about critical and major defects, BigRep shall promptly initiate relevant measures according to the circumstances reported by You, in order to first localize the cause of the defect.
    5. If a reported defect does not turn out to be a fault in the Contractual Services after initial analysis, BigRep shall promptly inform You about this.
    6. Otherwise BigRep shall initiate appropriate measures to further analyze and remedy the reported defect or – in the case of third-party software – send the defect report including their analysis results to the distributor or manufacturer of the third-party software with a request for remedy.
    7. To circumvent or remedy a defect in the Contractual Services, BigRep shall promptly supply You with available measures such as procedural instructions or corrections to the Contractual Services. You shall promptly implement such measures to circumvent or remedy defects and promptly notify BigRep again of any remaining defects when deploying the measures.
  12. Term and Termination
    1. The Contract starts on the day of acceptance of these Terms of Service by You and shall run for an indefinite period of time unless terminated for convenience by either party with one (1) month prior notice to the end of a calendar month.
    2. The right of the parties to terminate the Contract for cause remains unaffected. Cause is given if, after taking all individual circumstances as well as the interests of the parties into account, the terminating party cannot be expected to continue with the contractual relationship. If a material contractual obligation is breached, termination for cause is only admissible if the party in breach has failed to remedy the breach within a reasonable period of time after having received a notice from the other party specifying the breach, requiring its remedy and setting out the intention to terminate if the breach is not remedied, unless the foundation of trust for the continuation of the contractual relationship was destroyed by the first breach of a contractual obligation in such a way that it cannot be restored by the notice to remedy the breach
    3. Any notice of termination must be in writing to be effective.
    4. Reasonably prior to the expiration or termination of the Contract, You will back up Your data under Your own responsibility and in a timely manner. Already for reasons pertaining to data protection legislation, You will no longer be able to regularly access such data after expiration or termination of the Contract.
  13. Return of Content
    1. Before expiry of the Contract, You can download Your Content from Your place of storage. BigRep is not obligated to make copies of Your Content and information for the purpose of returning it.
    2. Upon expiration of the Contract, BigRep will delete Your Content, except for aggregated data for which You have granted BigRep a perpetual and irrevocable right of use (Clause 4.7). Also, data for which BigRep has a legal obligation to retain will not be deleted until the retention period has expired.
  14. Changes to the Terms of Service
    1. BigRep reserves the right to amend these Terms of Service if this is necessary due to changes in the Contractual Services or legal circumstances as new mandatory laws or supreme court decisions.
    2. BigRep will inform You six weeks in advance about the amended Terms of Service.
    3. You can object against the amended Terms of Service or immediately terminate the Contract in writing.
    4. If You do not object or terminate the Contract within the period specified in Clause 14.2, the amended Terms of Service shall replace the agreed former Terms of Service and shall apply to the Contractual Services after expiry of this period.
    5. BigRep will inform You about Your rights and the consequences stipulated in this Clause 14 together with the information about the amended Terms of Service.
  15. Miscellaneous
    1. All changes and additions to this Agreement must be made in writing or must at least contain a simple or advanced electronic signature. This shall also apply to any changes to this written form clause.
    2. The Contract will be governed by, and construed in accordance with, the laws of the Federal Republic of Germany. The rules of private international law and the Vienna Convention on the International Sale of Goods (CISG) shall not apply.
    3. Exclusive place of jurisdiction for any disputes associated with and resulting from the Contract shall be at the registered office of BigRep, to the extent permitted by law. BigRep shall, however, also be entitled to take legal action before the courts of competent jurisdiction over Your place of business.
    4. The place of performance for all Contractual Services of BigRep shall be at the registered office of BigRep.
    5. Should any provision of the Contract be or become invalid, this shall not affect the validity of the remaining terms. The parties shall in such an event be obliged to cooperate in the creation of terms which achieve such legally valid result as comes closest commercially to that of the invalid provision. The above shall apply accordingly to the closing of any gaps in the Contract.
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