Last update: 23.05.2018

FetchCFD is a platform for engineers, CAx experts and designers to publish, collaborate on and share, explore and download simulations.

The website www.fetchcfd.com and the platform is operated by the UG (haftungsbeschränkt), Äußere Brucker Straße 45 91052, Erlangen, Germany (hereinafter: FetchCFD), which owns all rights to the website and the platform.

FetchCFD platform provides services for free use.

Use of the FetchCFD services requires effective registration with the creation of a user account and acceptance of these Terms of Use.

For the use of the platform and the contents, services and products offered by FetchCFD these Terms of Use apply exclusively under exclusion of any contrary or contradictory regulations.

1. Registration, user account, access

1.1 Before using the FetchCFD services, your registration is required. This can be done by clicking the "Registration" button on the website www.fetchcfd.com. Upon registration, the user creates his own user account by entering his full name, user name, email address and a password of his own choice.
At the user's discretion, the user account may be accompanied by further information on education, skills, work experience and social networks.

1.2 The user undertakes to treat his login credentials to the user account, in particular the password chosen by him, confidentially.

1.3 The creation of a user account using inadmissible means, in particular - not conclusively - so-called script crawlers, scrapers or other automated procedures, is not permitted. User accounts created in this manner shall not be allowed by FetchCFD or shall be deleted immediately.

1.4 After agreeing to the terms of use the registration data can be sent to FetchCFD by clicking the button "Submit".
The user will then receive an email to the email address provided by him, which contains a link. By clicking on this link, the user will be verified and his user account will be set up.

1.5 The user account can be deleted by the user at any time. Access by the user to data uploaded, shared or stored by him is no longer possible with deletion of the user account.

1.6 FetchCFD reserves the right to block and delete the user account without prior notice if FetchCFD becomes aware of violations of these Terms of Use. Any liability of FetchCFD in connection with the blocking of the user account is excluded to the greatest extent legally possible.

1.7 After successful registration the services offered by FetchCFD can be used.
The use of the FetchCFD services including a certain storage volume is basically free of charge. FetchCFD reserves the right to offer existing services and new services for a fee in the future. Should costs (in the future) arise for individual services, e.g. for additional storage space, this will be pointed out separately in advance and the services will be made available with the user's consent.

2. Usage options

2.1 The services of the Platform are made available on the website www.fetchcfd.com.
These services are also available via mobile devices. Separate costs may arise here for the use of the services, for example for data transmission.

2.2 Upload Content
2.2.1 After successful registration and setup of the user account, the user can upload content, namely images, computeraided design (CAD) files, simulations, text files, mesh files, Computational fluid dynamics (CFD) files, finite element method (FEM) or finite element analysis (FEA) files, Animations, codes and scripts, other files, schemas, models, photographs, sounds, musical works, audio or video clips, literary works, user names, profiles, user content, third party content and links (collectively referred to as the “Content”) to the FetchCFD platform.
2.2.2 Furthermore, it is possible to use the services of FetchCFD as a personal cloud without publishing and/or sharing the Content or making it available only to selected users of FetchCFD of your choice.
2.2.3 Content may also be shared on other social network platforms through a corresponding button available on the FetchCFD platform.
2.2.4 The user hereby guarantees that he owns the rights required for uploading the Content. At the request of FetchCFD, the user proves his entitlement to the Content and the upload by submitting suitable documents.
2.2.5 The User acknowledges that by uploading / posting Content in a non-private area of the Platform, they are deemed to be nonconfidential and FetchCFD has the right to publish the Content on the Platform in a searchable format.
2.2.6 FetchCFD has no obligation to review and monitor any rights that may exist in the Content.
2.2.7 The posting of Content that violates applicable law, third party rights or violate, including patent and trademark, copyright, confidentiality or other intellectual property rights, is not permitted. The posting of objectively false, discriminatory, racist, pornographic, violent or violence-glorifying, defamatory, fraudulent or abusive Content is also prohibited.

2.3 Download Content
The Content uploaded by other users to the FetchCFD platform, not just into their own account, can be downloaded by any other registered user for their own use, as long as the use has not been set to private or restricted to selected users.

2.4 Sharing and collaboration
Users can also work together on Content available on the FetchCFD platform. This includes editing / modifying Content and uploading the edited / modified version of the Content.

2.5 Use of Content by FetchCFD
FetchCFD uses the Content posted by users on the platform for the purpose of promoting, sales and advertising the website and the services offered by FetchCFD, especially on the Internet, in social media and Internet blogs. In addition FetchCFD uses Google Analytics, a web analysis service of Google Inc.
FetchCFD does not owe the user any remuneration for this.
The user agrees to the free use of his Content by FetchCFD in terms of this provision.
FetchCFD points out that also after deletion of a project from the platform by the user or cancellation of the user access, the Content used by FetchCFD can still be present for example in the social media, in blogs and on other internet sites.
The user also agrees to this.

2.6 The user guarantees that he uses the services of the platform and the available Content exclusively in accordance with applicable law.

3. Reservation of the Content published on the platform

3.1 The user has no legal claim to the publication of Content.

3.2 FetchCFD reserves the right to publish Content at its own discretion or refuse publication without stating reasons.

3.3 FetchCFD reserves the right - without being obliged to do so - to check the Content before and after its publication and to remove the Content from the platform.

4. Consent to the use of Content by other users and FetchCFD

4.1 The user remains the owner of his rights to the Content he has posted on the platform.

4.2 By selecting the option "Other users have permission to participate and contribute to this project" before uploading Content, the user authorizes all other FetchCFD users to participate in and/or modify and use the project. This includes all technical details as well as all other representations, files, images and all project specific details. The user also allows all other users the right to publish the representations, files, images and project specific details in the context of a contribution project ("Refetch") on the platform.
In this regard, we reserve all copyrights, patent rights, trademark rights and other rights to the Content.

5. Scope of use of the services

The user is entitled to the non-exclusive, non-transferable, limited, personal use of the services of the FetchCFD platform under the conditions of these Terms of Use.
The distribution and/or transmission of Content posted on the platform, its publication or distribution in any other form, its copy and reproduction, upload or other distribution outside these Terms of Use without the prior written consent of the rights holder is not permitted.

6. Exclusively non-commercial use of the Content

6.1 All Content posted by users on the Platform is for non-commercial use only.

6.2 The user is not entitled to commercial use of the Content, unless such use has been expressly agreed in writing with the copyright holder.

7. Modification and discontinuation of services

7.1 FetchCFD works continuously on the optimization of the offered services. In this context services can be changed by adding or removing single functions, single services or the FetchCFD platform as a whole can be stopped, without rights or claims of the user result from this.

7.2 Should a service be discontinued, we shall, as far as possible, inform you of this in advance and give you the opportunity to export data stored by you.

8. Warranty, Liability, Disclaimer

8.1 Each user is completely responsible for the Content he has posted.

8.2 FetchCFD is not obliged to check and monitor the Content and does not assume any guarantee for the Content posted on the platform by the users.

8.3 Any use of the website www.fetchcfd.com and the services offered by this website as well as content posted by other users is at the user's own risk and responsibility.

8.4 FetchCFD is in no way responsible for the Content of the users and is not liable for them. This also applies to links to third-party websites which are contained in Content posted on the platform. Such links are not controlled by FetchCFD. FetchCFD is not responsible for the Content of third party websites.

8.5 Liability of FetchCFD is limited to cases of intent and gross negligence, including legal representatives and vicarious agents. This also applies to culpably caused damages from injury to life, body or health, to damages caused by the lack of a guaranteed quality, as well as in the case of fraudulently concealed defects.

8.6 In case of damages to property caused by FetchCFD and its legal representatives or vicarious agents through slight negligence, the liability is limited to cases of violation of an essential contractual obligation, but the amount is limited to the damages foreseeable and typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of a contract possible in the first place and on whose observance the contractual parties may regularly rely. Liability under the German Product Liability Act (ProdHaftG) remains unaffected. Otherwise the liability of FetchCFD is excluded.

8.7 In particular, FetchCFD is not liable for the content posted by the users on the platform. This is the sole responsibility of the user who has posted the content.

8.8 If FetchCFD and/or its legal representatives and vicarious agents are nevertheless used by third parties on the basis of Content that has been posted on the platform by a user, the user indemnifies FetchCFD and/or its legal representatives and vicarious agents against any claims, including the costs of extrajudicial and judicial legal prosecution and defense.

8.9 FetchCFD does not guarantee the (technical) accessibility of the website and the services offered.

9. Copyright infringement

9.1 FetchCFD respects the intellectual property of third parties and expects the users of the platform to do the same.

9.2 Accordingly, we investigate reports of alleged copyright infringements.
If you believe that you have been infringed, you have the opportunity to notify us.
We need your details regarding the protected work that is alleged to have been infringed; description, time and evidence of the infringing activity; your contact details; your assessment as to whether the use of the protected work is not permitted by the applicable copyright in individual cases; your assurance that the contents of your details are correct; and your declaration that you are the copyright owner or act in the name of the copyright owner.
The notification must be signed by you (in electronic form, scanned signature).

9.3 FetchCFD reserves the right to block and delete the user accounts of users who repeatedly violate intellectual property rights of third parties.

10. Changes to the Terms of Use

10.1 FetchCFD reserves the right to modify or adapt these Terms of Use in a way that is reasonable for the user. Such changes are made, for example, to take into account changes in the services offered or changes in applicable law. The user hereby gives his consent to such changes made in a reasonable manner.

10.2 If changes are made to these Terms of Use, we will publish a notice of the change on this website.

10.3 The amended Terms of Use come into force 14 days after publication of the notice. Changes regarding new functions of the services of the platform or such for legal reasons come immediately into force.
If the user does not agree or contradict the changed Terms of Use, further participation in the services of the platform cannot take place.

11. Communication and notifications to the user

FetchCFD is entitled to carry out any communication and notifications to the user in a legally effective manner and with all legal effects only by email to the email address stored in the user account by the user. The user agrees to this and waives any further or additional notification.

12. Use of the website and services of the platform from outside Germany

12.1 The website and the services of the platform are operated from the Federal Republic of Germany.
The information and services provided on the website and platform are not intended for distribution or use by natural and legal persons and institutions in countries where such distribution or use violates applicable law.

12.2 FetchCFD does not guarantee the (legal) admissibility of the information, products and services offered in other countries.
Access to and use of the website and its services is therefore at the user's own initiative and responsibility.

12.3 FetchCFD therefore also reserves the right to limit the availability of access to the website and the services offered for certain persons, countries and regions.

13. Applicable law, jurisdiction

13.1 These Terms of Use and any disputes arising from or in connection with these Terms of Use are subject to the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

13.2 The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer as consumer has his habitual residence, shall remain unaffected. If the user is a consumer, all disputes arising from or in connection with these Terms of Use shall be subject to the statutory provisions with regard to the applicable place of jurisdiction.

13.3 If the user is not a consumer, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use is Erlangen, Germany.

13.4 The language valid for the Terms of Use is German.