Terms of Use


Contract on the use of the following potential internet services:


1. Automarker.com – material-optimized nesting of markers:

Assyst internet service for fully automatic, material-optimized, nesting of markers. Any number of markers can be calculated in tandem from common CAD systems. Automarker.com also converts markers into common formats as required and by way of individual agreement in individual cases (e.g. machine-readable formats; further formats by individual agreement),
Integration includes:

  • Automatic nesting of pattern pieces
  • Output format as upload format
  • Password-protected customer environment (SSL – Secure Socket Layer)
  • Access to usage statistics
  • E-mail notification following completion of marker jobs
  • Data release to production partners
  • “Automarker” support hotline


2. Marker conversion and structured marker making as an add-on (at an extra charge):

  • Creation of plot files
  • Creation of cut files
  • Marker conversion into (also DXF/HPGL/ISO files, further formats by individual agreement)
  • Rubberband
  • Bundle per Bundle
  • Structured plaid and striped marker


3. Autocost – order optimization as an add-on or for individual use

Assyst internet service for order optimization. Autocost calculates the material consumption for production and preliminary costing orders – not just for each marker.



Terms and conditions of use


The masculine form is used for words referring to persons for the sake of clarity. Corresponding terms shall apply to all genders within the meaning of equal treatment.

Section 1 Conflict with other terms and conditions of business

These provisions apply exclusively. The general terms and conditions of business sent by the company as part of its correspondence shall not become part of the contract.


Section 2 Rights of use

  1. These general terms and conditions of business provide for the use of the “Automarker” and “Autocost” internet services (“Internet Services”) and the services agreed in the Terms of Use.
  2. Under the Terms of Use, the Company receives a non-exclusive, non-transferable and right to use the Internet Services, for which sublicenses may not be issued, and which in terms of time is limited to the duration of the actual use, in return for payment of the agreed remuneration.
  3. Autocost constitutes a license based on the company’s location. The Autocost internet service may be used at the same time at the specific location and in the Company’s specific environment.
  4. The Company is not entitled to make the internet services available to third parties for use, either free of charge or in return for payment. Therefore, the Company is expressly not permitted to hire out the Internet Services.
  5. The Company undertakes to take appropriate precautions to prevent third parties from accessing the Internet Services. Third parties are all persons who are not Company employees.
  6. Insofar as the Company fails to comply with these provisions, the granted rights shall become invalid and immediately revert to Assyst. In this respect, the Company undertakes to cease use of the Internet Services without delay. The Company shall give Assyst a corresponding written assurance as proof of compliance with these measures. Proof may also be furnished electronically.
  7. In the event that software from third party providers is used, reference is made to the third party link https://www.assyst.info/about/licenses/. If third party software is used, its licensing conditions must be observed and compliance ensured.


Section 3 Surrender

By registering and accepting the Assyst general terms and conditions of business, the Company shall be granted access to the portal, which the Company shall set up and manage independently for its employees.


Section 4 Copyrights

All rights of use and property rights to the Internet Services and parts thereof shall remain with Assyst in full, unless rights of use are expressly granted to the Company in these provisions. These provisions neither authorize the Company to use trademarks, logos, nameplates or other features of Assyst, Automarker or Autocost that are aimed at identifying the Company or individual elements thereof, nor to use other marks that are misleadingly similar to the trademarks, logos and nameplates or other features Assyst, Automarker and Autocost that serve to identify the Company or individual elements thereof. This also applies to printouts (physical material such as brochures).


Section 5 Support

Inquiries about support services shall be processed by the relevant employees verbally, in writing or by way of remote maintenance during Assyst’s business hours.


Section 6 Right of Assyst to review

On request and provided a legitimate interest applies, the Company shall permit Assyst, or a third party commissioned by Assyst and acceptable to the Company, to review whether or not use of the Internet Services is within the framework of the rights granted herein. The Company shall support Assyst in conducting such a review to the best of its ability, in particular by providing requested information and allowing the review of relevant documents and records. Assyst may conduct the review at the Company’s premises during its regular business hours or have it conducted by a third party bound to secrecy. Assyst shall announce the review in good time and ensure that the Company’s business operations are impaired as little as possible by its on-site activities. If the review reveals that the Company is using the Internet Services to an extent that exceeds the granted rights with regard to the number of accesses that are the subject matter of contract and with regard to the type of permitted use, the Company shall, without delay, acquire the necessary rights for a fee. Otherwise, Assyst shall be entitled to assert its rights. In the event that the number of purchased accesses to the Internet Services is exceeded or if the Internet Services are used in any other way that is not as per agreement, the Company shall bear the cost of the review, including the cost of commissioning the third party to conduct the review.


Section 7 Obligations of the Company

  1. The Company is responsible for ensuring that the Internet Services are compatible with the third party software and hardware used by the Company. In this respect, the Company undertakes to conduct a corresponding review before concluding the contract. Assyst is not responsible for the compatibility and thus the usability of the Internet Services in conjunction with third party software and hardware.
  2. The Company remains responsible for the compatibility of the Internet Services with the software and hardware used by the Company, including in the case of updates to the Internet Services and the third party software.
  3. The Company undertakes to take appropriate precautions to prevent unauthorized access by third parties to the protected areas of the Internet Services. To that end, the Company shall, as required, instruct its employees to comply with copyright law.
  4. The Company is responsible for entering and maintaining the data and information required to use the SaaS services. It shall ensure that employees who use the software are trained accordingly.
  5. The Company undertakes to review its data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
  6. Assyst shall make available to the Company an ID and temporary password for registration to access the Internet Services.
  7. The Company undertakes to keep the “User ID” and passwords secret and not to make them available to third parties.
  8. The Company is responsible for providing a suitable internet connection and hardware for using the Internet Services.


Section 8 Payment

  1. The amount of the fee for using the Internet Services is stated on the prices listed in the Terms of Use under Product & Services. The Company confirms the remuneration model and the contract duration listed under Products & Services by way of a signature.
  2. An “Automarker bulk order” is a pre-subscribed parts quota that is invoiced monthly starting at an amount of €500.00. Monthly amounts below €500.00 shall be invoiced to the Company annually in advance.
  3. In the event of unused parts at the end of the contract period, part of this “Reduced usage” (at most 20% of the volume of the subsequent bulk order) may be carried over to the subsequent contract period. Otherwise the unused parts shall be forfeited.
  4. In the case of actual “Additional use” of the subscribed fixed size or premature consumption of the subscribed number of parts, a final invoice shall be issued at the time of the final consumption of the parts, a final invoice shall apply to the remaining contract term in the sum of the monthly flat rates in the past. The final invoice shall state the calculation of the additional service.
  5. Bulk orders can be ordered with no limit or limited to 5,000 parts per day.
  6. In the “Autocost Use” version, an agreed monthly fee is invoiced in advance. Autocost may be selected with Automarker.com or for individual use, in which case the invoicing shall apply separately.
  7. Invoices fall due for payment without deduction within 14 days of the invoice date. Unless expressly agreed otherwise, all amounts stated are net amounts, i.e. they apply plus the statutory value added tax.
  8. If the Company is in default of payment, interest shall be charged on the outstanding amount at a rate of 9 percentage points above the respective valid base interest rate (= Euribor). This shall not affect the assertion of additional rights.
  9. Assyst is entitled to adjust the price at its reasonable discretion to reflect the development of the costs that are crucial for the price calculation as a result of changes in market conditions that were not foreseeable when the contract was concluded. When exercising its reasonable discretion, Assyst shall take into account the fact that price increases and price reductions shall be passed on to the Company in the same manner. If the price adjustment represents a price increase of more than 5%, the Company may terminate the contractual relationship by way of a two-week notice period before the adjustment comes into force.


Section 9 Term and termination

  1. The contract shall come into force once it is signed.
  2. The “Autocost” remuneration model has a term of 12 months. Thereafter, the contract shall be extended by one year at a time if it is not terminated by either of the contracting parties in text form 3 months before the end of the term.
  3. The “Bulk order” remuneration model has a term of 12, 24 or 36 months (the term applicable in the contract results from the definition listed in the Terms of Use under Product & Services). Thereafter, the contract shall be extended by a further 12 months under the same conditions if it is not terminated by either of the contracting parties in text form 3 months before the end of the term.
  4. This does not affect the right to terminate the contract for good cause.
  5. Irrespective of other rights, Assyst shall be entitled to terminate the contract without notice for good cause if the Company significantly violates the aforementioned provisions despite a written warning, in particular if it uses the Internet Services beyond the granted right of use. Good cause shall be deemed to apply if the Company is in default of payment of the required remuneration or a significant portion thereof for two consecutive dates or, in a period extending beyond two dates, is in default of payment of the required remuneration in an amount that equals the remuneration for two months.


Section 10 Defects/warrant

  1. Availability of the Internet Services may be temporarily restricted for technical reasons, for example due to necessary maintenance work.
  2. The Internet Services rendered by Assyst largely correspond to the Terms of Use. Warranty claims shall not apply in the event of an insignificant impairment of the fitness for use of the Internet Services.
  3. Assyst’s warranty with regard to the rendering of the Internet Services for use is geared towards maintaining the contractually agreed quality during the period of use, as well as ensuring that the contractual use does not conflict with any third party rights. Assyst shall rectify defects within a reasonable period after it has been notified of defects by the Company. Defects shall be remedied at the Assyst’s discretion by way of free-of-charge rectification or replacement delivery. Subsequent performance may also be provided in the form of updates for download as well as via telephone support or support via remote access.
  4. The Company shall cooperate to an extent that is required and reasonable in reviewing and remedying defects. The Company shall, in particular, permit Assyst to access the Internet Services by way of telecommunication. The Company shall establish the connections and provide the data required for this purpose in accordance with Assyst’s instructions, or shall make them available to Assyst.
  5. The Company may not reduce the remuneration by way of making a deduction from the remuneration. This does not affect corresponding claims for enrichment or damages.
  6. The Company’s right to terminate for failure to grant use in accordance with Section 543 (2), sentence 1, no. 1, BGB (German Civil Code), shall be excluded unless the repair or replacement delivery is deemed to have failed.
  7. In the event that Assyst services are used by unauthorized third parties via the Company’s access data, the Company shall be liable for any fees incurred as a result as part of civil liability until the Company’s order to change the access data or report the loss or theft is received, provided the Company is culpable in respect of the access by the unauthorized third party.
  8. This does not affect the Customer’s right to claim damages in accordance with the provisions of Section 11 Claims for damages.


Section 11 Liability

  1. Assyst shall only be liable in accordance with the following provisions:
    1. Assyst shall be liable without limitation for damage it has caused intentionally or by gross negligence or on the part of its legal representatives or executive employees, as well as for damage caused intentionally by other vicarious agents. With regard to gross negligence by other vicarious agents, liability shall be determined in accordance with the provisions for minor negligence set out in (e) below.
    2. Assyst shall be liable without limitation for damage it has caused intentionally or negligently or on the part of, its legal representatives or vicarious agents resulting from loss of life, physical injury or detrimental effects on health.
    3. Assyst shall be liable to the extent of any warranty provided by Assyst as well as for damage due to the lack of a warranted characteristic.
    4. Assyst shall be liable for product liability damage in accordance with the provisions of the German Product Liability Act.
    5. Assyst shall be liable for damage resulting from the breach of essential contractual obligations (cardinal obligations) by Assyst, its legal representatives or vicarious agents. Cardinal obligations are those essential obligations which form the basis of the contract, which were authoritative for concluding the contract and on the fulfillment of which the Company may rely. If Assyst breaches these cardinal obligations by way of minor negligence, the amount of liability shall be limited to the damage that is foreseeable and typical according to the nature of the transaction in question here.
  2. Assyst shall not be liable for the loss of data to the extent that the damage is attributable to the fact that the Company has failed to perform data backups in its area of responsibility and thereby ensure that lost data can be restored with reasonable effort. In other respects, Assyst shall only be liable for the loss of data up to the amount that would have been incurred for the restoration of the data had the data been properly and regularly backed up.
  3. Further-reaching liability on the part of Assyst is excluded on the merit. Assyst’s no-fault liability for errors that applies at the time of concluding the contract is, in particular, expressly excluded in accordance with Section 536 a (1) BGB, unless the requirements of Section 7 (1) are met.


Section 12 Data protection, secrecy

  1. The Company’s attention is hereby drawn to the fact that Assyst stores the inventory and usage data in machine-readable form and processes it as part of the purpose of the contractual relationship. All data shall be treated confidentially and, in particular, will not be passed on to third parties.
  2. The Company undertakes to keep confidential information secret and not to disclose it to third parties.
  3. Confidential information is information that is made available to the Company in the course of the contractual relationship and applies to the content of the offer letter/user agreement (such as access data and price agreements), the software and any documents that have been made available to the Company in conjunction with the use of the Internet Services in paper or electronic form. The Company’s remaining knowledge is not covered by the term “Confidential information.”
  4. The confidentiality obligation shall continue to apply for a period of two years following the end of the contract.
  5. The Company undertakes to ensure confidentiality in dealings with third parties including by its employed persons.
  6. The Company is responsible for compliance with data protection regulations when Assyst accesses the Company’s IT system. It shall notify Assyst if it gains access to personal data in the course of rendering the service and shall conclude the necessary agreements with Assyst.


Section 13 Applicable law and place of jurisdiction

  1. Assyst and its affiliated companies are and remain the owners of all property rights to the rendered Internet Services and to the disclosed confidential information and all copies thereof, subject to the rights that may be held by third parties.
  2. All rights of use and parts thereof shall remain with Assyst or its third party licensors in full, unless these rights are expressly granted to the Company in these provisions.
  3. The parties agree that with regard to all legal relationships arising from this.
  4. The Parties agree that the law of the Federal Republic of Germany shall govern all legal matters pertaining to this Agreement and that UN sales laws are excluded (United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980).
  5. The contracting parties agree that the Assyst’s registered office shall be the exclusive place of jurisdiction for all disputes resulting from or in conjunction with the contract concluded by the contracting parties provided the Company is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law or the Company has no general place of jurisdiction in the Federal Republic of Germany at the time the action is brought. However, Assyst shall also be entitled to bring an action at any other admissible place of jurisdiction.


Section 14 Miscellaneous

  1. Assyst shall continue to develop the Internet Services and improve them by way of updates and upgrades. Assyst endeavors to continually develop the Internet Services. However, Assyst shall determine the timing and frequency of updates or upgrades. The further development of the Internet Services may lead to an extension and/or modification of the Internet Services resulting in the availability of new functionalities, existing functionalities being optimized in the process and/or user guidance or the data management being adapted in line with the latest technological developments.
  2. The contract and its Annexes contain all agreements that have been entered into. Further-reaching written or oral subsidiary agreements have not been entered into. Amendments and supplements may be made in text form.
  3. The contracting parties are aware that the use of the Internet Services may be subject to export and import restrictions. Licensing requirements, in particular, may apply or the use of the Internet Services or related technologies may be subject to restrictions abroad. The Company shall comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America as well as all other relevant regulations. Execution of the contract by Assyst is subject to the proviso that no obstacles based on national and international regulations of export and import law or no other statutory provisions prevent performance.
  4. The legal invalidity of one provision shall not affect the legal validity of the other parts of the contract. The contracting parties undertake to replace an invalid provision with a valid one that comes closest to the economic result and best corresponds to the purpose of the contract. The same applies if it should become evident that the contract or these provisions contain an omission.
  5. Setting-off as well as the assertion of a right of retention by the Company shall only be permissible by way of undisputed and/or legally established claims unless such claims arise from the mutual rights and obligations of the contract concluded by the parties.
  6. Assyst is entitled to use subcontractors to render the agreed contractual services.

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