General Terms and Conditions

1. Scope of Application, Parties

1.1 These General Terms and Conditions (“GTC”) govern the use of “Voluminate — powered by 3D Spark” (the “Service”), a web-based application offered by 3D Spark GmbH, Klaus-Groth-Str. 88, 20535 Hamburg, Germany, registered with the commercial register of the local court of Hamburg under HRB 171102, VAT ID DE346182597, represented by its managing directors Ruben Meuth and Fritz Lange (“3D Spark”, “we”, “us”).

1.2 The Service is offered under the brand “Voluminate,” a product of 3D Spark, accessible via voluminate.3dspark.de and related subdomains. These GTC apply exclusively to the Voluminate Service and do not govern use of the separate 3D Spark manufacturing-analysis platform (platform.3dspark.de), which is subject to its own separate terms.

1.3 The Service is directed at users acting in the exercise of their trade, business, or profession (“Customer”). By completing registration, the Customer affirmatively represents and warrants that they are acting in such a professional or commercial capacity and not as a consumer within the meaning of § 13 of the German Civil Code (BGB). 3D Spark relies on this representation in entering into the Contract (as defined below). Should this representation prove inaccurate, the Customer shall be liable for any resulting damage, without prejudice to any statutory rights that may apply to consumers notwithstanding this clause.

1.4 These GTC apply exclusively. Any terms and conditions of the Customer are excluded, even if 3D Spark does not separately object to them, and even if 3D Spark performs the Service with knowledge of conflicting terms.

1.5 This document is drawn up and legally authoritative in the English language only. No other language version of these GTC shall be deemed binding, regardless of any translation, summary, or localized interface text that may be displayed to the Customer.

2. Service Description

2.1 Voluminate is a software tool that uses artificial intelligence and third-party processing services to generate three-dimensional digital models from Customer-supplied two-dimensional inputs (including drawings, photographs, and legacy CAD files). Accepted input and output formats are as displayed in the Service at the time of use and may be updated by 3D Spark from time to time.

2.2 Each processing run may produce multiple candidate model variants for the Customer's review. The Customer may review, rate, request regeneration of, or accept and download any candidate, subject to the commercial terms in Section 4.

2.3 Nature of the output. The models, cost estimates, CO₂ figures, and manufacturability indications generated by the Service are automatically produced by artificial intelligence and third-party processing tools. They constitute non-binding estimates and tool output for the Customer's own orientation and further evaluation only — not a warranted work product, engineering deliverable, or guaranteed result. 3D Spark validates uploaded files for basic format compatibility only and does not verify or warrant the dimensional accuracy, structural suitability, manufacturability, or fitness for any particular purpose of any generated output. Cost, CO₂, and manufacturability figures are estimates for orientation only and may be partially unavailable depending on the input provided.

2.4 Hi-Fi CAD service. 3D Spark additionally offers an optional, separately priced manual reverse-engineering service (“Hi-Fi CAD”), performed by qualified third-party service providers engaged by 3D Spark at its discretion. 3D Spark does not disclose the identity of individual Hi-Fi CAD providers, who may vary between requests. Any brief, description, or context supplied by the Customer for a run is shared with the assigned provider as necessary to perform the service. Hi-Fi CAD requests are typically processed within 1–3 business days; this is a non-binding target and does not constitute a guaranteed service level.

2.5 Hand-off to the 3D Spark manufacturing platform. The Service may allow the Customer to manually transfer a downloaded file to the separate 3D Spark manufacturing-analysis platform. This hand-off is manual and Customer-initiated: the file is downloaded to the Customer's own device and the separate platform opens independently; Voluminate does not itself transmit any file or data to that platform.

2.6 3D Spark may modify, expand, restrict, or discontinue individual features of the Service at its discretion, including in response to technical necessity, legal requirements, or product development, provided that the core function of the Service (2D-to-3D conversion) is not thereby eliminated during an active paid subscription term without reasonable substitute functionality or compensation.

3. Contract Formation

3.1 The contract between the Customer and 3D Spark for use of the Service (the “Contract”) is concluded automatically and without further confirmation by 3D Spark upon (a) the Customer completing the registration process via the Service, (b) the Customer accepting these GTC as presented during that process — by ticking the dedicated checkbox when registering with email and password, or by proceeding with third-party sign-in after being informed that continuing constitutes acceptance — and (c) successful verification of the Customer's email address. No further action, confirmation email, or acceptance by 3D Spark is required for the Contract to take effect.

3.2 No minimum age is separately specified for use of the Service; the Customer must in any event possess the legal capacity to enter into binding contracts under the law applicable to them.

3.3 Access to any conversion functionality requires prior email verification, regardless of registration method.

4. Commercial Model, Credits, Fees

4.1 Use of the Service is billed via a prepaid credit system, as further described in the pricing and plan information displayed within the Service from time to time, which forms part of the Contract as amended in accordance with Section 4.7.

4.2 Free credits. New accounts receive a limited number of free credits upon registration, usable once the Customer's email address has been verified, for use as displayed in the Service.

4.3 Charging event — standard (NNS) conversions. Triggering a conversion run, and any first regeneration of a given run, does not itself incur a charge. Subsequent regenerations incur a fractional credit charge as displayed in the Service at the time. A full credit is charged only upon the Customer's acceptance and download of a result. Rejecting a result together with feedback does not, of itself, trigger any charge. While a part is in progress, one credit per part is reserved (held) on the Customer's balance and is unavailable for other actions; the reservation is released without charge when the Customer discards or archives the part, or when it expires, and is converted into an actual charge upon acceptance and download. A Customer with no unreserved credit available cannot start a further conversion run.

4.4 Charging event — Hi-Fi CAD. Hi-Fi CAD requests are charged a fixed credit amount upfront upon submission. Where the assigned provider determines that a request requires additional effort, 3D Spark may request the Customer's approval for a supplementary charge (up to a maximum additional amount displayed in the Service). Such supplementary charge is applied only upon the Customer's explicit approval; absent approval or rejection, the request remains pending indefinitely. The upfront charge for a Hi-Fi CAD request is refunded in full if 3D Spark or the assigned provider declines to perform the request, or if the Customer rejects a proposed supplementary charge.

4.5 Credits generally. Credits are non-transferable between accounts, are not redeemable for cash, and may be used exclusively for the Customer's own use of the Service. 3D Spark does not currently impose an expiry date on unused credits but reserves the right to introduce a reasonable expiry policy for credits acquired in the future, with appropriate advance notice.

4.6 Subscriptions and one-off packs. Credits may be acquired via recurring subscription plans or one-off credit packs, as displayed and priced in the Service. Upon cancellation of a subscription, the Customer's plan benefits continue until the end of the then-current, already-paid billing period, after which the account reverts to the free tier.

4.7 Pricing changes. Reduced introductory (“beta”) pricing is offered until the date displayed in the Service, after which standard pricing applies automatically as a pre-agreed term of the Contract; this scheduled transition does not require a separate price-increase notice under Section 15. Any other change to pricing shall be communicated in accordance with Section 15.

4.8 Fees are processed via a third-party payment provider integrated into the Service. Displayed prices include statutory value-added tax where applicable, as calculated by the payment provider based on the Customer's location.

4.9 Account balances cannot become negative. Except as set out in Section 4.4, fees paid are non-refundable.

5. Fair Use, Limits, Abuse Prevention

5.1 Use of the Service is subject to tier-based limits on the number of parts a Customer may have in progress concurrently and the number of runs triggered per hour, as displayed in the Service and which may vary by subscription tier.

5.2 3D Spark may, at its reasonable discretion, restrict, throttle, or suspend an account that displays a pattern of behavior indicative of abuse of the free-tier, rating, or credit mechanisms of the Service (for example, a materially disproportionate rate of abandoned or archived results relative to accepted results), in order to protect the integrity of the Service for all Customers. Where reasonably practicable, 3D Spark will notify the affected Customer and provide an opportunity to acknowledge or address the underlying pattern before or promptly after any such restriction.

5.3 3D Spark may take reasonable measures to prevent signup abuse, including blocking known disposable email domains and limiting the rate of new account creation from a given technical origin.

6. Accounts

6.1 Registration is via email and password meeting the complexity requirements displayed in the Service, or via supported third-party sign-in. The Customer is responsible for maintaining the confidentiality of their credentials and for all activity occurring under their account.

6.2 The Service currently supports a single administrative user role per account. Any additional collaborative or multi-user functionality referenced in Service or marketing materials from time to time is provided on a best-efforts basis and does not constitute a warranted feature absent a separate written agreement.

7. Customer Content and Responsibilities

7.1 The Customer is solely responsible for all files, descriptions, and other content it uploads to or submits via the Service (“Content”).

7.2 The Customer represents and warrants that (a) it holds all necessary rights to upload and process the Content via the Service, including any third-party intellectual property or personal data contained therein; (b) the Content does not infringe the rights of any third party; and (c) the Content is not subject to export control, sanctions, or classification restrictions under German, EU, or other applicable law, and its processing via the Service (including transmission to third-party processing providers as described in Section 9) does not violate any such restriction.

7.3 The Customer shall indemnify and hold 3D Spark harmless from any third-party claims, losses, or costs arising from a breach of the representations in this Section 7.

7.4 The Customer is responsible for maintaining its own backup copies of any Content and results it wishes to retain, independent of the retention practices described in Section 10.

8. Rights of Use

8.1 Subject to the Customer's compliance with these GTC, 3D Spark grants the Customer a non-exclusive, non-transferable right to use the Service for its own internal business purposes for the duration of the Contract.

8.2 All intellectual property rights in the Service, including its software, models, and underlying technology, remain with 3D Spark or its licensors. No rights are granted to the Customer beyond the limited right of use in Section 8.1.

8.3 As between the Customer and 3D Spark, generated model outputs corresponding to the Customer's own uploaded Content belong to the Customer, subject to any underlying third-party rights in the Content itself and subject to 3D Spark's rights under Section 9.

8.4 The Customer may not reverse-engineer, decompile, resell, sublicense, or use the Service to build a competing product, and may not circumvent any technical limitation on use of the Service.

9. Use of Data for Service Improvement and AI Training

9.1 3D Spark may analyze and use Content and usage data in anonymized or aggregated form to operate, maintain, and improve the Service, including the calibration and training of the AI models used to provide the Service.

9.2 3D Spark does not use Content for AI training or model improvement purposes in a form that identifies the Customer or any individual, and does not use personal data contained within Content for such purposes. Content is transmitted to the processing providers described in Section 10.2 as necessary to perform the Service itself.

9.3 Data and insights resulting from such analysis, in anonymized or aggregated form, are the property of 3D Spark and may be used to improve the Service generally, without identifying the Customer or reconstructing the Customer's specific Content.

10. Data Protection

10.1 3D Spark processes personal data in accordance with applicable data protection law and its Privacy Policy, available at https://voluminate.3dspark.de/privacy, which forms part of these GTC by reference.

10.2 Sub-processors. 3D Spark engages third-party service providers to perform or support the Service, falling into the following categories: (a) cloud hosting and infrastructure (application platform, database, authentication, and file storage); (b) AI/ML processing providers (used for automated analysis and generation of 3D models and related content from Customer Content); (c) workflow orchestration infrastructure; (d) payment processing; (e) internal communication tools (used for internal operational notifications, not customer-facing); (f) transactional email delivery; (g) CRM and scheduling tools; and (h) third-party reverse-engineering service providers engaged case-by-case for Hi-Fi CAD requests. A current list of the specific providers within each category is available to the Customer upon written request to support@3dspark.de.

10.3 Insofar as required, 3D Spark and the Customer agree to data processing terms consistent with Art. 28 GDPR, which are incorporated into these GTC by reference and available on request; a separately countersigned data processing agreement may be provided to Customers who require one for their own compliance purposes.

10.3a General authorisation for sub-processors. The Customer generally authorises the engagement and the replacement of sub-processors within the categories listed in Section 10.2 and published at https://voluminate.3dspark.de/subprocessors, without separate notice. Only the addition of a new category of sub-processor constitutes a material change; 3D Spark will announce such an addition by updating that page and notifying the Customer by email, and the Customer may object on reasonable data-protection grounds within 30 days of that notice. If the Customer objects and the change cannot be avoided, either party may terminate the affected part of the Contract with effect from the intended change date.

10.4 Retention. Content and generated results are retained for the duration of the Customer's account and for a reasonable period thereafter, currently targeted at 12 months after the last activity on a given part, and 30 days following account closure, after which such data is deleted absent a legal obligation to retain it. Diagnostic feedback materials (such as screenshots submitted with feedback) are retained for a shorter period, currently targeted at 90 days. Billing and invoice records are retained for the statutory periods required under German commercial and tax law (currently up to ten years), independent of and surviving any other deletion request. 3D Spark reserves the right to adjust these operational retention targets from time to time, consistent with applicable data protection law.

10.5 Requests regarding personal data, including access, correction, or deletion requests, may be directed to support@3dspark.de. 3D Spark will respond within the timeframe required by applicable law.

11. Warranty

11.1 3D Spark provides the Service with the care customary in the industry. Given the nature of the Service as described in Section 2.3, 3D Spark does not warrant the accuracy, completeness, dimensional correctness, or fitness for any particular purpose of any generated model, cost estimate, CO₂ figure, or manufacturability indication. The Customer is solely responsible for independently verifying any output before relying on it for manufacturing, procurement, or any other purpose.

11.2 3D Spark does not warrant uninterrupted or error-free operation of the Service, nor that any particular result will be achievable from any given input.

11.3 The Service is provided on an “as available” basis during its current beta phase, as communicated to the Customer within the Service, and the scope of features may change as described in Section 2.6.

12. Liability

12.1 3D Spark shall be liable without limitation for damages caused by intent or gross negligence, for injury to life, body, or health, under mandatory product liability law, and under any express guarantee given by 3D Spark.

12.2 In cases of ordinary negligence, 3D Spark shall be liable only for breach of a material contractual obligation (i.e., an obligation the fulfillment of which is essential to the proper performance of the Contract and on whose observance the Customer may regularly rely), and in such cases liability is limited to the foreseeable, typical damage.

12.3 Liability beyond Sections 12.1 and 12.2 is excluded.

12.4 The above limitations apply equally to the personal liability of 3D Spark's legal representatives, employees, and agents.

13. Confidentiality

13.1 Each party shall keep confidential any non-public information of the other party obtained in connection with the Contract and use it solely for the performance of the Contract, except where disclosure is required by law or to a service provider engaged under Section 10 as necessary to perform the Service. These exceptions likewise extend to 3D Spark's own personnel accessing Content on a need-to-know basis for customer support, debugging, or improving the Service, as further described in the Privacy Policy.

13.2 This obligation survives termination of the Contract and does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, or is independently developed without reference to the disclosing party's confidential information.

14. Term and Termination

14.1 The Contract runs for an indefinite period. Subscriptions renew automatically for the billing period selected by the Customer unless cancelled in accordance with Section 4.6.

14.2 Either party may terminate the Contract for good cause (wichtiger Grund) without notice.

14.3 The Customer may request closure of its account at any time via the Service, which submits the request to 3D Spark for processing; the consequences described in Section 10.4 apply.

14.4 3D Spark may suspend or terminate an account that materially breaches these GTC, in particular Sections 5, 7, or 8, following reasonable notice where practicable in the circumstances.

15. Changes to these GTC and to the Service

15.1 3D Spark may amend these GTC with reasonable prior notice by email or in-Service notification. If the Customer does not object in text form within a reasonable period stated in the notice, the amended GTC are deemed accepted; 3D Spark will inform the Customer of this consequence in the notice. In case of a timely objection, the Customer may terminate the Contract with effect from the date the amendment would otherwise have taken effect, and the previous GTC continue to apply until then.

15.2 Section 15.1 does not apply to the scheduled beta-to-standard pricing transition described in Section 4.7, which the Customer accepts as a pre-agreed term of the Contract at the time of signup.

16. Enterprise and Individually Negotiated Agreements

16.1 Customers seeking an Enterprise or custom arrangement outside the standard self-service plans described in Section 4 may enter into a separate, individually negotiated written agreement with 3D Spark. In the event of any conflict, the terms of such a separate agreement take precedence over these GTC for the Customer in question.

17. Final Provisions

17.1 The Customer may only set off claims that are undisputed by 3D Spark or have been finally adjudicated.

17.2 The Customer may not assign or transfer any right or claim under the Contract without 3D Spark's prior written consent.

17.3 The exclusive place of jurisdiction for all disputes arising from or in connection with the Contract is Hamburg, Germany, to the extent legally permissible. Place of performance is 3D Spark's registered seat.

17.4 The Contract and these GTC are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

17.5 3D Spark is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

17.6 No oral side agreements have been made.

17.7 Should any provision of these GTC be or become invalid, the validity of the remaining provisions is unaffected. The parties shall replace the invalid provision with a valid one that comes as close as possible to its economic intent.