BioRender - User Content Terms

This is a previous version of our terms. The current terms are here.

Basic License Terms

1. Overview
These terms (“Basic License Terms”), together with our Terms of Service, are intended to govern your use of the digital illustrations, images (whether in two dimensional or three dimensional form), figures, templates, icons, drawings and any other pictorials, graphics or accompanying information provided to you by BioRender or its licensors (the “BioRender Content”). Our Services provide you with a robust platform to use and employ BioRender Content, combined with content you develop on your own or license from a third-party (“User Content”), to create final illustrations, images, figures, drawings and graphics (“Completed Graphics”).

These Basic License Terms only apply to BioRender Content used by Customers who register for a Free BioRender Plan (including Customers who register for a free-trial) at https://biorender.com/pricing/ and certain Paid BioRender Plans that are discounted for undergraduate students.

You will be issued a content license under these Basic License Terms (a “Basic License”) for each item of BioRender Content contained in Completed Graphics you are permitted to download, including by screen capture or other permitted means, from our Service (referred to herein as an “Export” or “Exports”). Following your Export of Completed Graphics, we shall grant you the right to use BioRender Content in your Completed Graphics in the manner set out herein (the “Permitted Uses”) subject to the restrictions set out below. While we can change the Permitted Uses in accordance with our Terms of Service, this will not affect how you can use Completed Graphics that you Exported prior to that time.

Please read these Basic License Terms carefully before using our Services or any BioRender Content. Your failure to comply with the terms herein could result in legal proceedings and the immediate termination of your User-Account. Initial capitalized terms not defined herein shall have the meaning given to them in our Terms of Service.

2. Basic License Terms
Subject to these Basic License Terms, BioRender hereby grants to you a worldwide, non-assignable, non-transferable, non-exclusive, and perpetual license (solely for the purposes contemplated herein) to create, copy, reproduce, use, process, store and transmit BioRender Content. All rights in and to BioRender Content, including, without limitation, all Copyright and other Intellectual Property Rights (except as described in Section 5 below) relating to BioRender Content, are retained by BioRender or its licensors as the case may be. BioRender disclaims any Losses you incur as a consequence of your use or application of any BioRender Content in your Completed Graphics. We provide you with BioRender Content on an “as is” basis and make no representations or warranties that it is fit for any particular use or for any purpose.

BioRender Content included in any published or printed material, including websites and social media, containing BioRender Content as permitted hereunder must include the following credit adjacent to the BioRender Content or in audio/visual production credits: “Created with BioRender.com”. In addition, under no circumstances shall you be entitled to remove any copyright, watermark, service marks, logo or proprietary notice or other information that may appear on, be embedded in, or which appears in connection with BioRender Content or Completed Graphics Exported from the Service.

3.  Permitted Uses Permitted Educational and Personal Uses:
Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Completed Graphics containing BioRender Content licensed to you under these Basic License Terms:

Prohibited Uses
You may not do anything with the BioRender Content or any Completed Graphics containing BioRender Content that is not expressly permitted in the preceding section. For greater clarity, the following are prohibited uses (“Prohibited Uses”) under these Basic License Terms; however, some of these Prohibited Uses are permitted under the separate Academic License Terms (“ALT”) or Industry License Terms (“ILT”) as indicated:

The following Prohibited Uses are not available under this or any other Content License Terms:

4. Sublicenses
The license granted to you hereunder may not be sublicensed to a third-party without the prior written permission of BioRender. Please keep in mind that some fair use of BioRender Content licensed to you hereunder may still be permitted without requiring a sublicense under Applicable Law. Under no circumstances will any permitted or non-permitted uses of BioRender Content alter BioRender’s title, rights and ownership of the BioRender Content, no matter what agreement you may enter into with another third party with respect to the BioRender Content.

5. Ownership of Intellectual Property In Derivative Works
Customers or their Permitted Users, if applicable, may make modifications, improvements, customizations, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations (“Modifications”) to BioRender Content. You agree that BioRender shall be deemed to own the Copyrights in any Modifications of BioRender Content appearing in Completed Graphics prepared by you, and any such BioRender Content created by you is a “work made for hire” for BioRender under the U.S. Copyright Act and any and all similar provisions of law under other jurisdictions, and that BioRender shall be deemed to be the author of such works for all purposes. To the maximum extent permitted by applicable law, you hereby waive and release in favor of BioRender and its licensors all rights (if any) of “droit moral,” moral rights, rental rights and similar rights in and to such BioRender Content. To the extent that any portion of Modifications to BioRender Content do not qualify as a “work made for hire” under applicable law, or the extent that notwithstanding any of the foregoing, ownership of any portion of such BioRender Content does not vest in BioRender, you hereby irrevocably assign to BioRender and its successors and assigns, without further consideration, your Copyrights in Modifications to BioRender Content.

Except as provided above, BioRender does not otherwise own the Intellectual Property Rights in Modifications to BioRender Content you rightfully acquire under Applicable Law which, for greater certainty, shall not include minor Modifications that involve minimal skill or creativity. For example, you are unlikely to be granted any Intellectual Property Rights for your Modifications to BioRender Content which simply skews, applies colour changes or re-shapes BioRender Content.

6. Termination
You can terminate the licenses granted to you under these Basic License Terms by destroying the BioRender Content and Completed Graphics, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Completed Graphic for any purpose.

If you are in breach of our Agreement, your BioRender Plan and the licenses granted to you hereunder shall also terminate. Upon such termination, BioRender may require you to immediately (i) destroy or delete all copies and archives of the Completed Graphic or accompanying materials and (ii) if requested, confirm to BioRender in writing that you have complied with these requirements. We reserve the right to revoke or amend the licenses granted to you hereunder and replace the BioRender Content with an alternative for any reason.

Upon notice from BioRender, or upon your knowledge that any BioRender Content is subject to a threatened, potential or actual claim of infringement of another’s right for which BioRender may be liable, you must immediately and at your own expense (i) stop using the BioRender Content; (ii) delete or remove the BioRender Content from your premises, computer systems and storage (electronic or physical); (iii) ensure that your clients, printers or ISPs do likewise; and (iv) let BioRender know.

‍

User Content Terms

1. Overview
Our Services provide you with a robust platform to use BioRender Content, combined with content you develop on your own or license from a third-party (“User Content”), to create final illustrations, images, figures, drawings and graphics (“Completed Graphics”). For purposes of these terms (“User Content Terms”), User Content shall include any data or other content or information provided by you or on your behalf to BioRender as well as your Completed Graphics. Please keep in mind that to the extent that you include BioRender Content in your Completed Graphics, we place limitations on the use of such Completed Graphics under our Terms of Service.

BioRender has the right to refuse to accept any User Content for any reason or no reason. BioRender has the right to remove any User Content from our Service at any time for any reason (including but not limited to our belief that your submission would or does subject us to legal action or if your User Content violates the terms of our Agreement with you). You have the right to remove any of your User Content from our Service at any time for any reason.

These User Content Terms form an integral part of our Terms of Service and are incorporated by reference therein. Capitalized terms that are not defined in these User Content Terms have the meaning given them in our Terms of Service.

2. Ownership, Permitted Content
Except as specifically set forth in this Agreement, nothing in this Agreement assigns or grants to BioRender any right, title or interest including any Intellectual Property Rights in or to User Content and you retain all ownership and Intellectual Property Rights in and to the User Content. However, please note that if you are a Permitted User of an Organizational Customer, any Intellectual Property Rights you have in User Content may be subject to the rights of such Organizational Customer. For avoidance of doubt, by using our Services, you waive any and all Intellectual Property in a Completed Graphic to the extent to which it interferes with our own Intellectual Property Rights in BioRender Content or any Modifications to BioRender Content which are granted to us under our Content License Terms. Since a Completed Graphic is comprised of both BioRender Content (including any Modifications) and your User Content, the license you provide to us in this User Content Terms is also intended to extend to the Completed Graphics that are prepared.

You agree that you are solely responsible for all User Content that you make available on or through the Service. You represent and warrant that (i) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated in this User Content Terms; (ii) if your User Content contains any Personal Information that you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by Applicable Law, to enable BioRender to provide the Services (including any Software Services) to you, including with respect to the collection, storage, access, use, disclosure and transmission of such Personal Information, and (iii) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Service will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any Applicable Law or regulation. Any and all User Content submitted to our Services must be your own original work or work that you obtain under license from the original author. You are responsible for obtaining the permission from any previous publisher or Copyright holder of your User Content if you are re-using any content published elsewhere, or that is copyrighted.

3.  License Grant.
By submitting User Content to the Service, including any Completed Graphics containing such User Content, you grant to BioRender and its Affiliates a nonexclusive, fully paid-up right to translate, modify (for technical purposes including to ensure content is viewable on different platforms), reproduce, process, host, store, maintain and transmit User Content and Completed Graphics created with your User-Account to:

4. Community Galleries
By submitting any User Content for public use in our community galleries (“Public Gallery”), you hereby grant BioRender, a worldwide, non-exclusive right and license to copy, reproduce, create derivative works, publicly display, market, sublicense and sell any such User Content and Completed Graphics uploaded by you and accepted by BioRender to its Public Galleries, subject to these User Content Terms and the requirement that you are provided appropriate credit for such User Content and/or Completed Graphics. If you elect to provide and publicly display your User Content in our Public Galleries, BioRender shall have the right, but not the obligation, to license all such User Content to its Users in accordance with BioRender’s Terms of Service. The specific terms that will govern specific User Content will be determined by the license under which a particular User downloads such User Content. By posting User Content and/or Completed Graphics to our Public Galleries, you acknowledge and agree that you are also granting Bio-Render and third-parties the right to use and reproduce any Intellectual Property including themes or ideas you create using our Services that may be embedded in your User Content and/or Completed Graphics and you will not be entitled to any consideration therefor.

‍

BioRender uses cookies to improve our user experience. By continuing to our site, you agree to our use of cookies outlined in our Privacy Policy.
Agree