Terms and Conditions of Using Xometry Pro

These rules (hereinafter referred to as ’Rules’) define the order of access and conditions of use of Xometry Pro site, owned by Xometry Europe GmbH (hereinafter referred to as ’Xometry’), for its visitors and authorised users (hereinafter referred as Users) for the purpose of viewing information placed on the Site, based on Users’ interests, publishing content and using other functions of the Site.

By accessing or using any functions of the Site, the Users express their consent to the Rules, regardless of registration. If the Users do not agree with any of the provisions of the Rules, they undertake to stop using the Site.

The up-to-date version of the Rules is available on the website at: https://xometry.pro/en/terms/.

1. Registration of Users on the Website

1.1. To get access to the full functionality of the Site, the Users should pass the registration procedure in one of the ways: by e-mail address, through Xometry account or social networks. After the Users pass registration, the Site automatically creates an account by importing, depending on the registration method, the name, photo, email address or phone number.

1.2. By going through the registration procedure, the Users undertakes to provide accurate information about himself/herself sufficient for the registration procedure.

1.3. All actions performed under the Users’ accounts are considered to be performed by the Users. It is prohibited to transfer data for access to the Users’ account to third parties.

2. Posting Content on the Website

2.1. The Users may post comments, answers to other users’ questions, their own texts in a special form and other information (hereinafter – Content) on the Website.

2.2. By posting Content on the Website, the Users guarantees that they have all the necessary rights to do so. The Users also guarantees that the Content does not contain prohibited borrowings, that the rights to all objects, including exclusive rights to intellectual property objects and rights to use the image of a citizen used in the Content, belong to the Users and/or the Users have obtained the necessary authorisation from the owner of the rights to this object. The Users are independently responsible for any information that upload to the Site or otherwise bring to public knowledge (publishes) from his account, including placing links to third-party sites and resources. In the event of a dispute, the burden of proof that the posted Content does not violate anyone’s rights lies on the Users.

2.3. By posting Content on the Website, the Users automatically grant Xometry a non-exclusive licence to use the Content, in full or in part, including reproduction, copying, selection, systematisation, transformation, modification, editing, translation and other processing, disclosure, distribution, making it available to the public, free of charge, unconditionally and irrevocably. Xometry is also entitled to transfer the above rights to third parties. The Users agree that the Content posted on the Website may be used by Xometry on the Website for advertising or marketing purposes.

2.4. The Users agree that by posting Content on the Website, by default, they provide access to it for viewing to other Users.

2.5 By posting Content, the Users confirm that they have the appropriate authorisations from the author or right holder (if Users are not the author or right holder). The Users are not authorised to upload, transmit or publish information if they do not have the relevant rights to perform such actions acquired or transferred to them.

2.6. The Users undertake to comply with the prohibitions established by the Rules in relation to the Content published by him/her and not to post information that:

• Violates copyrights, rights to trademarks, means of individualisation and/or rights to other objects of intellectual property belonging to third parties, as well as information that misleads Users of the Website;
• Is compromising, defamatory, purposefully misleading, offensive to morals, demonstrates violence and cruelty, promotes hatred and/or discrimination of people on any grounds, contains foul language, insults to any persons or organisations;
• Contains public calls to carry out terrorist activities or publicly justifies terrorism or other materials of an extremist nature, contains elements of pornography, child erotica, is an advertisement of intimate services, including of a hidden nature, describes the procedure for the manufacture, use or other use of narcotic substances and preparations, explosives, weapons;
• Contains illegally obtained information about third parties;
• Violates advertising and/or competition protection laws of Germany;
• Contains computer viruses or other harmful computer files, codes or programmes.

2.7. Xometry cannot control all the Content posted on the Website. The Content is not moderated on a permanent basis, and Xometry reserves the right to review any Content and remove it in case of violation of the Rules and/or legislation, in full or in part, without explaining the reasons for such removal.

3. What Is Not Allowed To Do When Using the Website

3.1. Register as a User on behalf of or in place of another person (“fake account”) or register a group (association) of persons or a legal entity as a User.

3.2. Upload, store, publish, distribute and provide access to or otherwise use any information that does not comply with the laws of Germany and the Rules.

3.3. Carry out mass mailings of messages to other users of the Site without their consent.

3.4. Use software and perform actions aimed at disruption of the normal functioning of the Site.

3.5. Use automated scripts to collect information on the Website and/or interact with the Website and its functions without Xometry’s special permission.

3.6. Perform other actions which, in Xometry’s opinion, are undesirable, do not correspond to the purposes of creation of the Website, violate the rights of other users.

4. Final Provisions

4.1 Rules constitute an agreement between the Users and Xometry regarding the order of using the Site and its functions.

4.2 The Rules shall be regulated and interpreted in accordance with the laws of Germany.

4.3. In case of any disputes or disagreements related to the performance of the Regulations, the Users and Xometry’s employees will make every effort to resolve them through negotiations. If the disputes are not resolved in this way, they shall be resolved in the manner prescribed by the current legislation of Germany. In case of failure to reach an agreement, the Parties shall apply to the competent court.

4.4. The Users shall independently and at its own expense settle and provide Xometry, Xometry’s affiliates and associates, their employees and counterparties with protection against any claims, actions and/or complaints of third parties related to the Users’ actions when using the Website, as well as provide compensation for any losses and expenses (including reasonable legal costs) caused by such claims, actions and/or complaints.

4.5. The Users acknowledge and agree that Xometry shall not be liable to the Users for any possible losses that the Users may incur as a result of using the Website or third party links or Content.

4.6. The Rules come into force for the Users from the moment of their accession to them, which is determined by the moment of starting to use the Website, and are valid for an indefinite period of time.

4.7 If, for one reason or another, one or more provisions of the Rules are declared invalid or unenforceable, this shall not affect the validity or applicability of the remaining provisions.

4.8. Xometry has the right to amend the Regulations. By continuing to use the Website, the Users express their consent to the said amendments.

4.9. In case of questions, you may contact the administrators of the Site at admin@xometry.pro.