Terms of Use myGOM Services & GOM Suite

Terms of Use myGOM Services & GOM Suite

I. General

  1. GOM GmbH, hereinafter referred to as GOM, provides various Internet services, such as GOM Library, GOM Training Center, GOM Connect, GOM Platform Repository and GOM Forum, under the name "myGOM Services". These services can be accessed from the GOM software via the GOM Suite. In both cases, a GOM ID is required to use these services. 
  2. The user may not pass on the access gained through registration or the access data to third parties. He must keep the data confidential.
  3. The prerequisite for the use of the myGOM Services is the registration of the user. With the registration, the user is provided with a GOM ID which enables access to various services. Each service generates a linked account per GOM ID. Access to all these services is simplified with the GOM ID. The username is the first and last name. It is prohibited to misuse these fields for advertising purposes.
  4. The contract with GOM for the use of the GOM ID shall be concluded by the user completing the online registration process and using the activation link in the confirmation e-mail sent by GOM. The user is obliged to truthfully and completely provide the data collected during registration. The user must always provide an up-to-date e-mail address, which is also used for communication between the user and GOM. In the event of a change in the data collected after registration, the user must update his account without delay. 
  5. GOM offers the user the use of myGOM Services free of charge in accordance with these Terms of Use. When the user registers to use the GOM ID, a legally binding agreement is concluded between GOM and the user. Use of myGOM Services with the GOM ID without acceptance of these Terms of Use or in a manner or to an extent not expressly permitted in these Terms of Use is prohibited. 
  6. The contents of the myGOM Services are generally protected by copyright and are intended exclusively for personal use. In particular, the transfer to third parties is prohibited. 
  7. The user is solely responsible for securing and maintaining suitable hardware and software as well as an internet connection at his own expense.
  8. The following activities are expressly prohibited for the user:
    • Breach of security or authentication measures or otherwise circumventing these measures
    • Obtaining access to, manipulation or use of non-public areas or parts of the myGOM Services for which the User does not have authorisation.
    • Accessing or browsing the myGOM Services and creating accounts for the myGOM Services other than through our appropriate login interface, such as through "scraping" or bulk account creation.
    • Sending unsolicited messages, advertisements, commercials or spam
    • Sending altered, misleading or false sender information, including "spoofing" and "phishing".
    • Recommending or advertising products without appropriate authorisation
    • Publish or release unlawful pornographic or indecent content or content containing acts of violence or terrorist activities, including terrorist propaganda
    • Advocating hatred or discrimination against persons or groups of persons on the basis of their religion, ethnic origin, gender, gender identity, sexual orientation, disability or impairment
    • Harassing or insulting users of the myGOM Services
    • Any violation of the law, including storing, publishing or releasing content that is fraudulent, defamatory or misleading
    • Violation of privacy or rights of others

II GOM Forum

For participation in the GOM Forum, the following special rules also apply:

  1. The GOM Forum is a platform for users to exchange information about the application and use of our products in the respective categories mentioned in the forum.
  2. The user alone is responsible for ensuring that the content posted by him/her is correct and lawful and, in particular, that it does not infringe the rights of third parties. By posting contributions in the GOM Forum, the user declares that he/she is either the author of the corresponding content or has been granted the necessary rights by the author.
  3. The copyright for topics and contributions, insofar as these are copyrightable, shall remain with the user. If a user submits content to us for publication, he/she grants us the free, temporally and geographically unlimited and non-exclusive right to use, reproduce, adapt, publish, translate, modify, edit, distribute, perform, display and delete this content in whole or in part, to grant third parties simple rights of use to this content and to incorporate the content in other works and/or media.
  4. Contributions to the GOM Forum are only permitted in English or German. Links are only to be used in relation to the topic. Links that are not directly related to the topic or serve as advertising for other websites will be deleted without comment. 
  5. When posting content, this also applies to the avatar, the user must comply with the provisions of copyright, trademark and name law. Texts or images may not be used, linked or attached which do not comply with the aforementioned regulations. If the user posts such content in this forum, he/she shall indemnify us against all claims by third parties who assert claims against us on the basis of such content, irrespective of the legal grounds. The indemnification includes necessary reasonable costs of legal defence against claims of third parties. 
  6. No rights are associated with the use of our GOM Forum. The forum rules are binding for all users. The moderators have the task of ensuring that the forum rules are observed. They have the right to edit, move and delete posts if they deem it necessary. If our forum rules or the instructions of the moderators are not followed even after being requested to do so, the user account will be blocked. All posts by these users will be deleted immediately. The same applies to violations of applicable laws. 

III GOM Library

In addition to GOM software installation packages, operating manuals and product information, the GOM Library also offers sample data, photos and videos for download. The respective software that can be downloaded by the user is subject to separate terms of use. These are displayed to the user for acceptance before the software is installed. The respective software cannot be installed without agreement to the terms of use.

IV. GOM Platform Repository

  1. GOM offers the "Platform Repository" in the GOM Connect area, where GOM's own software packages are available for download free of charge. It also offers users the possibility to upload their own software packages free of charge for use by GOM and other users. GOM reserves the right to determine whether and which users may upload software packages.
  2. GOM grants the User a non-exclusive, non-transferable right, limited to the duration of the use to use the Platform Repository to the extent necessary to upload User Packages in accordance with these Terms of Use.
  3. GOM Packages
    1. GOM Packages can be provided protected (without readable source code) or unprotected (with readable source code). The transfer of these GOM Packages and the associated user documentation shall be effected by remote data transmission ("download").
    2. The respective packages are subject to separate terms of use. These are displayed to the user for approval before downloading the packages. 
    3. The Packages may contain third party software, including open source components, which may be subject to additional terms and conditions (which will be made available to you as appropriate) which will always prevail in relation to such third party software.
    4. Before using the GOM Software Packages productively, the user is in any case obliged to test them with regard to the basic functionalities using test data.
  4. user packages
    1. The user can make packages created by him/herself available to GOM and other users free of charge in the upload area of the Platform Repository.  
    2. After uploading a file, it is uploaded to the Platform Repository and the user selects the user group to share the file, edit it and download it himself. 
    3. The user may provide the packages created by him/herself with his/her own terms of use. If the terms of use of the user contradict these terms of use, these terms of use shall be authoritative so far. 
    4. The Platform Repository is intended for the provision of files and not for their permanent storage. In particular, it may not be used for data backup purposes.
    5. The user solely is responsible and bears sole liability for the accuracy, quality, integrity and legality of the contents of the Packages. GOM does not monitor the contents of the Packages and is not responsible for the contents, their storage, communication or transmission.
    6. The User agrees not to upload any content or data that is abusive, defamatory, obscene, pornographic, abusive, harassing or threatening; contains malicious code; infringes the rights of others, such as content or data that infringes intellectual property rights or violates rights of privacy or publicity; or violates any applicable laws. GOM reserves the right to delete any Packages that it reasonably deems to be in breach of these Terms.
    7. If the User submits a Package or an Update thereto, the User shall disclose all uses of third-party Code contained therein. The User warrants that it will comply with the licence agreements applicable to such third-party code. User shall provide a complete and accurate list of all open source software combined with, linked to, or embedded in the Package; a description of the nature of such open source software (e.g., stand-alone software, library, plug-in, interpreter); and a copy of the license terms of such open source software.
    8. If the User also makes a Package available to other Users via the Platform Repository in which open source software is combined, linked or embedded, all terms and conditions of the relevant open source software licence must be complied with, which includes making available to the other Users information and documents described above, the source code of such open source software and all relevant copyright notices and disclaimers of warranty.
    9. GOM reserves the right to monitor the use of the Platform Repository and to access the content of uploaded files at any time to ensure compliance with the provisions of this Clause IV. 
    10. The User grants us and our affiliates the non-exclusive, transferable, sublicensable, royalty-free and irrevocable right, unlimited in space and time, to use, provide, transmit, display and reproduce the Packages for the purpose of making the Packages available on the Platform Repository.
    11. The user grants us and our affiliates the spatially and temporally unlimited, non-exclusive, transferable, sublicensable, royalty-free and irrevocable right to use the packages, in particular the right to store, load and run them.

V. GOM Training Center

The contents of the training centre are protected by copyright and are intended exclusively for the personal use of the training participants. In particular, passing on to third parties or use for conducting further training courses is prohibited. The user acknowledges the copyrights of GOM and thus the exclusive rights of use and exploitation of the training documents / training material. Filming or photographing the contents of the training centre is not permitted. GOM reserves all rights, including those of translation, reprinting and reproduction of participant documents. No part of the training documents / training material may be reproduced in any form, including for the purpose of teaching, in particular processed, duplicated, distributed or used for public reproduction using electronic systems, without prior written permission.

VI. Availability of the myGOM Services

  1. GOM reserves the right to discontinue the operation of the myGOM Services temporarily or permanently, partially or completely. In this case, GOM will announce this at least one month in advance in a suitable place.
  2. It is at GOM's sole discretion how the myGOM Services or individual services are designed. GOM may change, extend or restrict this at any time.
  3. GOM points out that events beyond its control may lead to the unavailability of the myGOM Services or individual services. Furthermore, it is possible that myGOM or individual services may be temporarily unavailable due to maintenance work or updates.
  4. In the event of restrictions, settings, changes or failures of the usage options as described in this clause, the user shall not be entitled to any claims for damages, compensation or similar against GOM.

VII Warranty/Liability

  1. GOM develops and operates the myGOM Services with due care and attention to the state of the art. GOM provides these services as they are offered and in no way guarantees or warrants that the myGOM Services will meet the expectations and/or needs of the user; will be secure; will be available at any time in whole or in part without interruption. In particular, GOM does not warrant that uploaded files can be downloaded again at any time in a complete, unchanged and error-free manner. Proper data backup of the files is the sole responsibility of the user.
  2. GOM shall only be liable for its own intent and gross negligence as well as for intent and gross negligence of its legal representatives and vicarious agents. Liability for simple negligence shall be excluded unless damages resulting from injury to life, body or health are concerned. These limitations of liability shall apply accordingly to the liability of legal representatives and vicarious agents.
  3. GOM shall not be liable for any damage or frustrated expenses caused by ordinary negligence, except in the case of a breach of a condition which goes to the root of the contract or in the case of a breach of a condition which goes to the root of the contract and in the case of a breach of a condition which is essential to the performance of the contract and in the case of which you have a right to rely on the performance of the contract (cardinal obligations), in each of which case our liability shall be limited to such damage or frustrated expenses as are reasonably foreseeable in the context of contracts of the kind contemplated by this contract at the time of formation. reasonably foreseeable in connection with contracts of the type of this contract at the time of conclusion of the contract. 
  4. Unless otherwise agreed by the parties, we shall not be liable for any damage or frustrated expenditure caused by ordinary negligence which exceeds the reasonably foreseeable damage within the meaning of Clause VII. 3. 
  5. The user is also responsible for the security (virus protection, firewall, etc.) and maintenance of the security of his end devices (e.g. PC, server) via which the user uses the myGOM Services.

VIII. Termination of use

  1. The user can delete his files at any time. 
  2. GOM reserves the right to terminate access to the myGOM Services with notice to the user if
    • the user violates these terms of use.
    • the user uses the myGOM Services in a way that would create a real risk of harm or loss to us or other users.
    • the function of the myGOM Services is discontinued by us.

    Through the email address associated with your account, the user will be given reasonable advance notice to cease the activity in question and will be given the opportunity to export or delete the files from our services.

  3. GOM reserves the right to delete the uploaded content of users after three months, as soon as a user account has been permanently deleted. GOM shall inform the user of the planned deletion accordingly via the deposited e-mail four weeks in advance.
  4. To discontinue the use of myGOM Services and GOM Suite and to notify GOM that her/his data are removed the user shall send an e-Mail including the GOM ID to info@gom.com

IX. Final provisions

  1. The use of the myGOM Services and all legal relationships between GOM and the user in connection therewith shall be governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
  2. If the user is a merchant within the meaning of the German Commercial Code, is a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany, Braunschweig, Germany, is agreed as the place of jurisdiction. However, GOM shall remain entitled to bring an action or initiate other legal proceedings at the user's general place of jurisdiction.
  3. GOM reserves the right to update the terms and conditions at any time at its own discretion, in particular due to changes in applicable law or further developments of the myGOM Services. The changes will be displayed to the user at login before they take effect and must be explicitly accepted by the user. If the user does not agree to the change in the terms of use, the GOM ID can no longer be used.
  4. Should individual provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall be deemed agreed which comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event that these Terms of Use are incomplete.

Last modified: August 2021